爆料网

Due process

  • Access to justice
  • Delay
  • Investigation
  • Right to a hearing
  • Right to appeal
  • Right to comment/respond
  • Right to confront complainant
    • Showing 61 - 70 of 202
    2014-爆料网AT-480, Oh

    爆料网AT preliminarily dismissed the Appellant’s Application for Confidentiality and then considered the merits of the Appeal, which contained three grounds. With respect to the first ground, 爆料网AT held that 爆料网DT did not err in concluding that due process was satisfied if the staff member could comment on anonymous witness statements providing evidence against him. 爆料网AT noted that the reasons for withholding the identities of the victims and for not producing them at trial were contained in the OIOS Investigation Report that was sent to the Appellant, thus the conditions for the admissibility for...

    2014-爆料网AT-471, Landgraf

    The Appellant requested that the 爆料网DT judgment be set aside and that the case be remanded to 爆料网DT for a hearing de novo before a different judge. 爆料网AT agreed with the Appellant’s submission that the relevant statute or rules of procedure do not prohibit an applicant from providing testimony and serving as a witness in their own case. 爆料网AT noted that, while 爆料网DT was required to administer the declaration prescribed in Article 17(3) of the 爆料网DT RoP, 爆料网DT’s failure to do so was not an error serious enough so as to affect the decision of the case. Conversely, 爆料网AT found that 爆料网DT’s refusal to...

    2014-爆料网AT-449, Thweib & Al Hasanat

    爆料网AT considered the Commissioner-General’s appeal. 爆料网AT noted that due process required both parties to be given an opportunity to present their case, and not allowing them to do so resulted in a miscarriage of justice. 爆料网AT found that 爆料网RWA DT’s exclusion of the Commissioner-General from participating in the proceedings was a clear violation of due process such as to affect the decision of the case, which must result in the judgment being annulled and the cases remanded for a hearing de novo before a different Judge. 爆料网AT noted it was, thus, not necessary to consider the other grounds of...

    2014-爆料网AT-443, Hunt-Matthes

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT noted that it was not disputed that the evidence given by Mr Verwey (a witness called by the staff member) regarding the alleged falsification of allegations of breach of confidentiality by the staff member’s former supervisor and the former Deputy Inspector-General, was not disclosed in Mr Verwey’s summary of evidence. 爆料网AT held that 爆料网DT erred in not attaching any importance to this omission. 爆料网AT held that the summary that was provided was vastly different from the oral evidence given by Mr Verwey. 爆料网AT held that the Secretary-General...

    2014-爆料网AT-422, Khisa

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT committed a substantial error in procedure in not granting due process of law to the Administration. 爆料网AT held that the Secretary-General’s argument about the suspension of the deadline for submission of a Reply, on which he relied, was substantiated. 爆料网AT held that 爆料网DT should not have issued a default “Summary judgment” on the merits of the case. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment. The case was remanded to another 爆料网DT Judge to be tried on its merits after both parties have had the opportunity to make...

    2014-爆料网AT-416, Charles

    爆料网AT considered both the two appeals by the Secretary-General and two cross-appeals by Mr Charles in judgment No. 2014-爆料网AT-416. 爆料网AT held that that Section 9 of ST/AI/2010/3 was clear in giving the head of department/office the discretion to make a selection decision from candidates included in the roster. 爆料网AT held that it was not open to 爆料网DT to conclude that Section 9. 4 required the head of department/office to first review all non-rostered candidates before selecting a rostered candidate. 爆料网AT held that 爆料网DT erred in law in deciding that the appointment of the rostered candidates was...

    2015-爆料网AT-607, Zakharov

    爆料网AT held that the decision of the 爆料网JSPB not to submit the staff member’s appeal to the Standing Committee contravened his rights under the 爆料网JSPF Regulations by depriving him of access to the appeals process and was a serious violation of his due process rights. Noting that 爆料网AT’s jurisdiction was limited to hearing appeals of decisions of the Standing Committee and that the staff member’s case had not been reviewed by the Standing Committee, 爆料网AT held that it had no jurisdiction to hear the appeal and remanded it to the Standing Committee.

    2014-爆料网AT-401, Zeid

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the absence of any breach of the staff member’s substantive or procedural rights during the selection exercise precluded the award of moral damages to him. 爆料网AT held that the staff member could not show a breach of a fundamental nature or that he suffered harm, stress or anxiety directly linked or reasonably attributed to a breach of his substantive or procedural rights. 爆料网AT held that the Administration’s failure to respond to staff members’ repeated requests for information was not a breach of his substantive contractual...

    2015-爆料网AT-603, Niedermayr

    爆料网AT held that it was disingenuous for 爆料网RWA to suggest that the Appellant’s transfer application was considered in the same manner as the two candidates who were selected from the roster. 爆料网AT held that 爆料网RWA DT failed to properly exercise the jurisdiction vested in it and erred in law in failing to have regard to the Appellant’s due process entitlements. 爆料网AT held that 爆料网RWA DT erred in law in relying on the authority of the Director of 爆料网RWA Affairs, Lebanon, to reject the Appellant’s application for assignment. 爆料网AT did not uphold the contention that the Appellant had a legitimate...

    2015-爆料网AT-598, Thweib

    爆料网AT considered an appeal by the Appellant of judgment No. 爆料网RWA/DT/2015/003. 爆料网AT held that the Appellant failed to demonstrate that 爆料网RWA DT erred in any way when it dismissed her application finding it to be moot, an outcome which was a natural consequence of the administrative rescission of the impugned decision, circumstances that contemplated the staff member’s claim and rights, solving the previous irregularity. 爆料网AT noted that the Appellant’s request to amend her application to seek compensation for material and moral damages was filed after she had received notification of the...