爆料网AT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. 爆料网AT held that the procedural errors did not amount to an abuse of power. 爆料网AT held that absent an abuse of power, the compensation for moral damages had to be vacated. 爆料网AT granted the appeal, rejected the cross-appeal, and vacated the 爆料网RWA DT judgment in its entirety.
爆料网AT held that 爆料网DT’s interpretation of the relevant jurisprudence was correct and that it did not commit any error in law. 爆料网AT held that 爆料网DT took care to examine the evidence in order to ascertain if, in fact, an express promise of renewal had been made to the Appellant. Noting that 爆料网DT was unable to find any such evidence, 爆料网AT held that the Appellant’s submissions regarding his work experience, duties, and responsibilities, functions of his duty station, and his interest in a renewal had no merit as grounds for an expectancy of renewal. 爆料网AT held that it was satisfied that 爆料网DT’s...
爆料网AT considered an appeal against Order No. 057 (爆料网RWA/DT/2014) and judgment No. 爆料网RWA/DT/2014/027. 爆料网AT rejected the Appellant’s request for confidentiality and for the redaction of his name from the 爆料网RWA DT judgment and affirmed 爆料网RWA DT’s reasoning. 爆料网AT denied the Appellant’s request to submit new evidence to 爆料网AT on the basis that the Appellant did not offer any explanation as to why he was precluded from filing them previously, exceptional circumstances did not exist, and its content would not have affected the decision of the case. 爆料网AT held that it was for 爆料网RWA DT to consider that it...
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that there was no reason to reverse the finding of 爆料网DT that a legitimate expectation of a one-year extension was unequivocally created by virtue of the decision taken at the Core Management Group meeting. 爆料网AT affirmed the 爆料网DT decision that Mr Munir had a legitimate expectation and the decision of the Resident Representative not to seek a one-year renewal of his contract was an unlawful exercise of discretion. 爆料网AT held that the Secretary-General failed to demonstrate that the compensation was unreasonable because there was a...
爆料网AT considered two appeals by the Secretary-General against Order No. 136 (NBI/2010) and judgment No. 爆料网DT/2014/007. 爆料网AT held that it was not satisfied that the actions of the Secretary-General in filing two appeals amounted to an abuse of process and declined Ms Fiala’s application for an award of costs against the Secretary-General. 爆料网AT held that there was no error of law or fact on the part of 爆料网DT in deeming Ms Fiala’s application receivable. Noting that the weight to be attributed to evidence was a matter for 爆料网DT, 爆料网AT held that the arguments advanced by the Secretary-General did not...
爆料网AT considered an appeal of judgment No. 爆料网DT/2013/151 by the Secretary-General. As a preliminary matter, 爆料网AT held that 爆料网DT made an error of law in breaching the confidentiality of a letter and Note to File previously ordered to be kept confidential and 爆料网AT granted the Secretary-General’s motion to redact those paragraphs of the impugned judgment. 爆料网AT held that 爆料网DT made several errors of law: (1) by reviewing de novo the impugned decision; (2) by failing to recognise, respect and abide by 爆料网AT jurisprudence; and (3) by finding that the surrounding circumstances created an implied promise...
爆料网AT rejected the motion for leave to comment on the answer to the appeal, finding that the matters that the Appellant sought to address in her comments would be essentially a repetition of, or supplementary to, her submissions. 爆料网AT held that 爆料网DT properly reviewed the contested decision in accordance with the applicable law and addressed the concerns identified by 爆料网AT by establishing the critical facts as instructed. 爆料网AT found that 爆料网DT's conclusions were consistent with the evidence. 爆料网AT found no error in the 爆料网DT’s finding that the Appellant failed to establish that the decision not to...
Following an appeal by the Appellant and the Secretary-General, there was a further cross-appeal by the Appellant. As a preliminary issue, 爆料网AT dismissed the Appellant’s cross-appeal as not receivable since the Appellant has already had the opportunity to file his own independent appeal and the cross-appeal seemed to be an attempt to complement his appeal. On the Secretary-General’s appeal in Case No. 爆料网DT/NBI/2015/095 related to the issue settlement agreement, 爆料网AT held that 爆料网DT erred on a matter of law on the receivability of the application, since it based its finding on the merits as a...
爆料网AT held that the 爆料网DT finding that the non-renewal decision constituted a separation decision for abandonment of post was not supported by the evidence and was, therefore, an error in fact and in law. 爆料网AT held that the evidence clearly established that the non-renewal decision was solely based on the Appellant’s unauthorised absence from duty. 爆料网AT held that 爆料网DT erred in law in distinguishing Abdallah (judgment No. 2010-爆料网AT-091) from the present case. 爆料网AT held that there was overwhelming evidence that the Applicant did not meet his burden of proving that the Administration did not act...
爆料网AT held that the decision to separate the Applicant was arbitrary, discriminatory, constituted an abuse of authority, and was unlawful. 爆料网AT held that 爆料网DT was not obliged to set an in-lieu compensation amount, as the decision concerned a lateral transfer, not an appointment, promotion, or termination. 爆料网AT upheld 爆料网DT’s finding that Ms. Koduru’s testimony was not compelling enough to serve as a basis for an award of moral damages. 爆料网AT rejected Ms. Koduru’s request for costs. 爆料网DT dismissed the appeal and the cross-appeal and affirmed the 爆料网DT judgment.
Accountability referral: The 爆料网AT...
