爆料网

爆料网HCR

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2016-爆料网AT-705, De Aguirre

爆料网AT considered an appeal by the Secretary-General and a cross-appeal by the staff member. On the confidentiality issue, 爆料网AT held that there was no merit in the staff member’s claim that some findings of the impugned judgment had not been shared with her. Regarding the delay in the response to the request for management evaluation, 爆料网AT held that the staff member had failed to demonstrate how the alleged delay of response on the part of the Administration had prejudiced her or had violated her due process rights. 爆料网AT held that the staff member had failed to demonstrate any error in the 爆料网DT...

2016-爆料网AT-699, Vukasovic

爆料网AT considered the appeal, specifically whether 爆料网DT correctly concluded that the Appellant’s application was non-receivable ratione materiae, as he had not submitted a request for management evaluation of the contested administrative decision before filing his application with 爆料网DT. 爆料网AT noted that requesting management evaluation is a mandatory first step in the appeal process and held that the Appellant’s argument that there are no instructions in which form management evaluation should be requested had no merit. 爆料网AT noted that staff members are presumed to know the regulations and rules...

2016-爆料网AT-637, Maslei

爆料网AT considered the appeal by the Secretary-General challenging the amount of the award of compensation for moral damages. 爆料网AT held that the award of moral damages was supported by the evidence before 爆料网DT and that the amount was not excessive based on that evidence. 爆料网AT rejected the Secretary-General’s argument that the award in the present case should be compared with awards in similar non-renewal cases. 爆料网AT held that 爆料网DT had not committed any error in its assessment of the award of moral damages and that the Secretary-General had not established any ground which would justify 爆料网AT’s...

2016-爆料网AT-630, Bhatia et al.

爆料网AT held that 爆料网DT had not addressed the Appellants’ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. 爆料网AT held that 爆料网DT could not have converted sua sponte the Appellants’ request for more time into applications. 爆料网AT held that 爆料网DT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants’ due process rights. 爆料网AT vacated the 爆料网DT judgment and...

2017-爆料网AT-797, Benamar

爆料网AT rejected the Appellant’s request for an oral hearing on the basis that it would be neither necessary nor useful since the relevant facts were clear, the witness was already heard by 爆料网DT (by audio conference) as verified by 爆料网AT, the unusual context of the case was insufficient to indicate that any fact or issue could be refined by specific testimony and it would not assist 爆料网AT with the expeditious and fair disposal of the case. On the Appellant’s motion for additional hearings, 爆料网AT held that the documents contained arguments already submitted, although phrased differently, and no...

2017-爆料网AT-793, Muhsen

爆料网AT held that the appeal was defective in that it failed to invoke the jurisdiction of 爆料网AT under Article 2(1) of the 爆料网AT Statute by not asserting that 爆料网DT had either exceeded its jurisdiction or competence, failed to exercise its jurisdiction, erred on a question of law, committed an error of procedure, such as to affect the decision of the case, or erred a question of fact, resulting in a manifestly unreasonable decision. 爆料网AT held that the Appellant also failed to comply with the requirements of Article 8(2) of the 爆料网AT RoP by not providing a brief explaining the legal basis of any of...

2017-爆料网AT-728, Domzalski

On receivability, 爆料网AT held that the appeal was receivable insofar as it related to the 爆料网JSPF decision to deduct child support from the Appellant’s pension in accordance with Article 45 of the 爆料网JSPF Regulations. As to the appeal related to repayment of a sum paid directly to the Appellant’s estranged spouse as child’s benefit under Article 36 of the 爆料网JSPF Regulations, 爆料网AT held that this aspect was not receivable for failure to challenge in a timely manner the decision and that his claim regarding due process with respect to direct payments under Article 36 had no merit. On the merits of...

2017-爆料网AT-725, Baracungana

爆料网AT held that 爆料网DT did not have the power to remand the case back to the ABCC, since an order under that provision requires the concurrence of the Secretary-General to that effect. 爆料网AT held that the only proper course for 爆料网DT to take was either to remand the case to the ABCC with the Secretary-General’s concurrence or to consider whether the procedural flaws warranted the rescission of the impugned administrative decision. 爆料网AT held that 爆料网DT, by making an order to remand the case to the Administration without the concurrence of the Secretary-General, exceeded its competence and committed...

2017-爆料网AT-714, Tsoneva

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law when it held that the amendment to Article 10(5)(b) of the 爆料网DT Statute, which requires harm to be supported by evidence for the award of damages, was not applicable because Ms Tsoneva had filed her application before the amendment entered into force on the basis that an award of damages takes place at the time the award is made. 爆料网AT noted that applying the amended statutory provision was not the retroactive application of law but rather, it was applying existing law. 爆料网AT held that 爆料网DT erred in law by not...

2017-爆料网AT-713, Tsoneva

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law when it held that the amendment to Article 10(5)(b) of the 爆料网DT Statute, which required harm to be supported by evidence for the award of damages, was not applicable because Ms Tsoneva had filed her application before the amendment entered into force, on the basis that an award of damages takes place at the time the award is made. 爆料网AT held that applying the amended statutory provision is not the retroactive application of law but rather, it is applying existing law. 爆料网AT held that 爆料网DT erred in law by not...