爆料网

Evidence of harm

  • Aggravating/mitigating factors
  • Burden of proof
  • Duty of mitigation
  • Evidence of harm
  • Exemplary/punitive damages (prohibition against award of)
  • In-lieu compensation
  • Loss of chance
  • Maximum amount / exceptional circumstances
  • Non-pecuniary (moral) damages
  • Pecuniary (material) damages
    • Showing 11 - 20 of 62
    2024-爆料网AT-1427, AAS

    The 爆料网AT held that the Inspector General’s Office (IGO) and the Administration failed to properly consider relevant factors brought to their attention during the investigation into the staff member's misconduct. Specifically, they did not considerate the medical context in which the established misconduct occurred, which could have been exculpatory for the staff member. The 爆料网AT found that they failed to investigate and appreciate the potential effects of the staff member's brain tumour and/or treatment on certain aspects of his interpersonal relations with other staff members.

    The 爆料网AT...

    2024-爆料网AT-1442, Alaa Yasir Al-Bustanji

    The 爆料网AT held that the 爆料网RWA DT correctly identified several procedural irregularities in the contested decision. Pursuant to paragraph 9 of the Department of Internal Oversight Services (DIOS) Technical Instruction 02/2016 on 爆料网RWA’s Investigation Policy (DTI 02/2016), the investigation should have been authorized within 10 days of the Intake Committee’s report; yet here, the authorization to investigate took 11 months to be given. The 爆料网AT found that this delay was so excessive that it would distress an average person.

    Analyzing the evidence presented by the staff member regarding the...

    2023-爆料网AT-1404 , Alan George Blythe

    The 爆料网AT considered an appeal by the staff member.

    The 爆料网AT found that the recommendation report did not provide any explanation to understand the rationale of the non-selection decision. The 爆料网AT noted that no information had been given in the course of the judicial proceedings either as to why the external candidate was the most suitable candidate. The 爆料网AT held that, for the sake of reasonableness, fairness and transparency, it was expected from the Administration to give relevant and true reasons supporting its ultimate choice. The 爆料网AT found that the 爆料网DT had made an error of fact...

    2023-爆料网AT-1387, Mazin Ismail Sadieh

    The 爆料网AT considered an appeal by the staff member.

    The 爆料网AT found that the staff member did not cite any provision of Article 2(1) of the 爆料网AT Statute and did not indicate whether any errors by the 爆料网RWA DT in his case related to its jurisdiction, the procedure, a question of law or a question of fact. The 爆料网AT held that the appeal was defective and consequently not receivable.

    The 爆料网AT, nevertheless, reiterated its jurisprudence on some of the issues raised, and agreed with the way the 爆料网RWA DT had determined the amount of in-lieu compensation. The 爆料网AT also agreed with the 爆料网RWA DT’s...

    爆料网DT/2023/105, Muselemu

    The Tribunal established that there was no evidence to support the Administration’s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

    Regarding the Applicant’s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof.

    In light of the Tribunal’s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the US prime rate. The Applicant’s claim for financial and...

    爆料网DT/2023/104, Ngoie Mwenge

    The Tribunal established that there was no evidence to support the Administration’s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

    Regarding the Applicant’s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof.

    In light of the Tribunal’s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the US prime rate. The Applicant’s claim for financial and...

    爆料网DT/2023/103, Kabila

    The Tribunal established that there was no evidence to support the Administration’s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

    Regarding the Applicant’s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus she failed to sustain her burden of both production and proof.

    In light of the Tribunal’s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to her, calculated at the US prime rate. The Applicant’s claim for financial and...

    爆料网DT/2023/101, Mutombo

    The Tribunal established that there was no evidence to support the Administration’s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

    Regarding the Applicant’s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

    In light of the Tribunal’s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

    爆料网DT/2023/100, Mukwamba

    The Tribunal established that there was no evidence to support the Administration’s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

    Regarding the Applicant’s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

    In light of the Tribunal’s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

    爆料网DT/2023/099, Afazali

    The Tribunal established that there was no evidence to support the Administration’s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

    Regarding the Applicant’s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

    In light of the Tribunal’s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...