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 91 - 100 of 202
    2019-爆料网AT-931, El-Awar

    The Appellant’s appeal primarily challenged the decision of 爆料网DT not to hold an oral hearing, purportedly denying him a fair trial and due process. 爆料网AT noted that the reason for the decisions to temporarily limit the authority of the Applicant pending a management review was not in contention. 爆料网AT held that the withdrawal of the delegations did not unduly detract from the Appellant’s core functions, though his discretion to interact with various stakeholders was significantly restricted and he was constrained by a firmer level of accountability and closer scrutiny of his performance. 爆料网AT...

    2019-爆料网AT-918, Nadasan

    On the delay before 爆料网DT, 爆料网AT agreed that the delay was unfort爆料网ATe but held that the Applicant had not demonstrated that it was a procedural error affecting the outcome of the case. 爆料网AT held that 爆料网DT erred in exercising its case management discretion when it refused the request for an oral hearing, but that this error did not affect the decision of the case. 爆料网AT held that 爆料网DT did not err as there was clear and convincing evidence that the Applicant had committed sexual harassment. 爆料网AT held that the disciplinary sanction of separation from service with compensation in lieu of notice and...

    2020-爆料网AT-1061, Abu Osba

    As a preliminary matter, 爆料网AT held that an oral hearing was not necessary and would not assist in the expeditious and fair disposal of the case as the Appellant had not provided grounds for an oral hearing beyond seeking to confront the witnesses and comment on existing evidence. Whilst 爆料网AT held that the Appellant failed to identify any errors of law or fact by 爆料网RWA DT as required under Art 2(1) 爆料网AT Statute, 爆料网AT did go on to consider his appeal as he was not represented. 爆料网AT held that 爆料网RWA DT had correctly applied the standard of review for disciplinary cases and that 爆料网RWA DT’s exercise...

    2020-爆料网AT-1003, Fairweather

    爆料网AT denied the request for an oral hearing on the basis that the factual and legal issues arising from the appeal were clearly defined and an oral hearing would not assist in the expeditious and fair disposal of the case. 爆料网AT refused to consider information pertaining to a confidential settlement proposal made to the Appellant. 爆料网AT held that while the absence of a response to a staff member’s request may constitute an implied administrative decision, the absence of a decision without direct legal consequences is not an implied decision subject to judicial review. 爆料网AT held that in the...

    2020-爆料网AT-984, Atuya

    爆料网AT held that while there may have been an error in the misfiling of the Appellant’s rebuttal, this did not result in procedural unfairness that affected the decision. 爆料网AT held that there was no procedural unfairness to the Appellant as she had had the opportunity to file for leave to respond before 爆料网DT and she did not do so and that in any case, this did not affect the ultimate decision on receivability. 爆料网AT noted that only the Secretary-General, of which the Management Evaluation Unit forms part, has the authority to extend or waive the time limits for management evaluation and the...

    2021-爆料网AT-1177, Veronica Modey-Ebi

    爆料网AT considered an appeal by Ms. Modey-Ebi. 爆料网AT noted that the issues in the appeal were entirely factual, most of which were resolved on the evidentiary record which in most respects established a pattern of misconduct justifying dismissal. 爆料网AT noted that while some of the proven allegations against Ms. Modey-Ebi were less serious than others, cumulatively they revealed a pattern of unethical conduct indicating that Ms. Modey-Ebi was not suited for the senior position she held. Her behaviour revealed a lack of propriety and integrity and her behaviour was inconsistent with her duties under...

    2021-爆料网AT-1150, Andrea Barbato

    爆料网AT remanded the case to the SAB, directing that the appeal be reconsidered by a neutral first instance process that issues a final decision. Citing Dispert & Hoe, Spinardi, Sheffer, Fogarty, and Fogarty et al., the Tribunal explained that the SAB must satisfy the requirement under Article 2 (10) of the 爆料网AT Statute, which requires that the first instance process produce a final decision on the appeal and not a recommendation to the Secretary-General, as was the case under the then IMO Staff Regulations and Staff Rules (SRSR). The Tribunal also called into question whether the IMO Secretary...

    2021-爆料网AT-1136, Abdulhamid Al Fararjeh

    爆料网AT held that the facts upon which 爆料网RWA based its decision were established, in full respect of his due process rights. 爆料网AT held that 爆料网RWA DT did not err as there was clear and convincing evidence that the Appellant committed sexual exploitation and abuse against a beneficiary of 爆料网RWA; neither did it err in concluding that the disciplinary sanction was proportionate and lawful. 爆料网AT held that the Appellant, by having the complainant remove her pants and underwear and engaging in a such a sensitive and specific medical examination, which he did not have the required competencies and...

    2021-爆料网AT-1118, Boubacar Dieng

    爆料网AT first dismissed the cross-appeal, finding that although the Administration has the discretion to reassign staff members, such reassignment must be reasonable in the particular circumstances and cause no economic harm to the staff member. It must also respect the procedural and substantive rules of law and must not be arbitrary. 爆料网AT agreed with the 爆料网DT that the reassignment was performance-related and yet the staff member was never allowed the opportunity to address his performance issues prior to being reassigned. Regarding the appeal, 爆料网AT disagreed with the staff member that the 爆料网DT...