爆料网

爆料网RWA

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2018-爆料网AT-875, Kellie

爆料网AT considered the Appellant’s appeal. 爆料网AT considered the criteria set out in Article 2 of the 爆料网AT Statute to determine whether any alleged errors of law and fact resulted in a manifestly unreasonable decision. 爆料网AT found that there was no evidence that the decision to abolish the post encumbered by the Appellant was unlawful. 爆料网AT also found that 爆料网RWA DT’s decision was correctly based on the applicable law and available evidence. To that end, 爆料网AT held that the Appellant failed to establish that the 爆料网RWA DT committed any error, whether of law, fact, or procedure. 爆料网AT further noted that...

2018-爆料网AT-860, Sirhan

爆料网AT considered an appeal by the Commissioner-General. 爆料网AT held that the Commissioner-General’s appeal was not time-barred and was, therefore, receivable. 爆料网AT found that no request for compensation for loss of earnings (salary) had been made. Accordingly, 爆料网AT held that 爆料网RWA DT did not have jurisdiction to award compensation for loss of earnings. 爆料网AT held that any financial loss appears to be generated as the main cause and directly by the Director of 爆料网RWA Affairs, Lebanon’s (DUA/L) decision to cancel the secondment and that this decision was found to be lawful by the 爆料网RWA DT and that...

2018-爆料网AT-856, Abu Malluh et al.

爆料网AT considered the Secretary-General's appeal, specifically as to whether 爆料网RWA DT’s decision to award special allowances for extra duties performed and compensation for moral damages was an error in law or fact, resulting in a manifestly unreasonable decision. With respect to the allowance for extra duties, 爆料网AT noted that it is settled in its jurisprudence that the Agency has discretionary powers to pay the special allowances, which must be exercised reasonably in accordance with their substantive legal requirements. 爆料网AT held that there was no room for 爆料网RWA DT to substitute its decision...

2018-爆料网AT-855, Salem

爆料网AT referred to Article 2(1) of the 爆料网AT Statute and held that the Appellant did not show any errors in the 爆料网RWA DT judgment and her claims on appeal could not succeed. 爆料网AT further found no fault in 爆料网RWA DT’s finding that there was no retaliation against the Appellant and that 爆料网RWA DT did not err on a question of law or fact, resulting in a manifestly unreasonable decision, nor did it commit an error in procedure, such as to affect the decision of the case. 爆料网AT noted that it was within the discretion of the Agency to close the case against the PMO and that the Agency has no authority to...

2018-爆料网AT-852, Sarieddine

爆料网AT considered the Appellant’s appeal, requesting that the 爆料网RWA DT judgment be vacated. 爆料网AT agreed with 爆料网RWA DT and upheld its findings that the Agency was entitled, under the provisions of paragraph 2 of FTI 01/2016, to fill the concerned post by means of a lateral transfer of current staff members. 爆料网AT also agreed with, and upheld, the ruling that it was not within the remit of 爆料网RWA DT to pronounce on the exercise of the Agency’s discretion in deciding on the lateral transfers unless there is evidence that the discretion was exercised arbitrarily or unlawfully. 爆料网AT found that there...

2018-爆料网AT-851, Nemrawi

爆料网AT considered the appeal. 爆料网AT noted that the appeal was defective because the Appellant failed to identify any of the five grounds of appeal set out in Article 2.1 as forming the legal basis of his appeal. 爆料网AT found that he had not complied with his statutory obligation as an appellant, in that nothing that he pleaded was capable of demonstrating that 爆料网RWA DT committed an error of fact or law warranting intervention by 爆料网AT. 爆料网AT also found that the Appellant failed to demonstrate any error in 爆料网RWA DT’s finding and had not provided any evidence in support of his claims that the Agency’s...

2018-爆料网AT-839, Hamdan

爆料网AT considered the appeal. 爆料网AT noted that 爆料网RWA’s disciplinary system provides that the Commissioner-General may only impose such disciplinary measures on current staff members. 爆料网AT accordingly found that 爆料网RWA DT erred in finding that the Commissioner-General was entitled to impose the disciplinary measure of a fine after the Appellant’s employment ended and held that the disciplinary measure had to be rescinded. With respect to the Appellant’s request for compensation, 爆料网AT noted that it may only award compensation for harm in cases where the individual presented evidence, other than...

2018-爆料网AT-838, Al-Ashi

爆料网AT considered the appeal of the consolidated applications. With respect to the first issue, 爆料网AT found no error in 爆料网RWA DT’s conclusion that the Appellant had failed to establish that the decision not to confirm his appointment as TDSE Advisor and to transfer him to his previous post was unlawful. 爆料网AT noted that there was no merit in the Appellant’s contention that 爆料网RWA DT failed to examine the relevant facts and to apply legal and regulatory provisions to his performance evaluations during his probationary period. 爆料网DT also noted that the review of the Appellant’s performance assessments...

2018-爆料网AT-829, Verma

爆料网AT held that 爆料网RWA DT did not err in law or fact in dismissing the application. 爆料网AT held that the evidence had shown that the Appellant did not meet all the requirements for the post to which he had applied, as set out in the vacancy announcement, and that he was rightly placed by 爆料网RWA in tranche 2 list. 爆料网AT held that 爆料网RWA DT had rightly concluded that, since the Appellant was unsuitable for the post, the failure of the Administration to consider his application in priority as an internal candidate had not vitiated the outcome of the selection process. 爆料网AT held that the Appellant had...

2018-爆料网AT-818, Kawamleh

爆料网AT held that the issues relating to the conduct of the first test were of no relevance to the appeal and had no legal consequence because the first test and the proposed selection exercise had been cancelled. 爆料网AT agreed with 爆料网RWA DT that a selection process may only be challenged in the context of an appeal against the outcome of that process. 爆料网AT found that 爆料网RWA DT did not err in dismissing the first three grounds of the application. With respect to the second test, 爆料网AT agreed with the finding of 爆料网RWA DT that the Appellant was unable to contest the Agency’s decision to conduct a...