2011-爆料网AT-109, Hastings
爆料网AT found that there was no evidence of damages or injuries in this case. 爆料网AT reaffirmed the principle that an award for moral damages must be supported by specific evidence.
Evidence
Showing 61 - 70 of 138
2012-爆料网AT-265, Ljungdell
Regarding the allegations that 爆料网DT erred in law, fact, and procedure and failed to exercise its jurisdiction in relation to her allegations of discrimination, 爆料网AT held that the burden was on the Appellant to establish that the oral and documentary evidence, if admitted, would have led to different findings of fact, and changed the outcome of the case. 爆料网AT held that 爆料网DT had not erred in rejecting the Appellant’s allegations that she had been subjected to discrimination on the grounds of gender or based on her family responsibilities and her expressed desire to work part-time. Regarding the...
2012-爆料网AT-264, Seddik Ben Omar
爆料网AT rejected the request for an oral hearing finding that the factual and legal issues had already been clearly defined by the parties. 爆料网AT noted that there was no record of the Appellant ever having sought or been granted leave to submit further submissions or evidence prior to the 爆料网DT decision under appeal. 爆料网AT held that the Appellant, consequently, failed to establish that 爆料网DT erred in finding that the Appellant had not produced sufficient evidence of distress linked specifically to the placement of the Note to warrant compensation for emotional distress. 爆料网AT held that the evidence...
2012-爆料网AT-263, Larkin
爆料网AT considered an appeal of judgment No. 爆料网DT/2011/179. 爆料网AT held that the Appellant had failed to demonstrate that 爆料网DT erred in finding that there was no evidence of a conflict of interest or prejudice to his case. 爆料网AT noted that 爆料网DT has broad discretion to determine the admissibility of any evidence under Article 18. 1 of the 爆料网DT RoP and that it had exercised its discretion in deciding not to admit the evidence because it lacked probative value. 爆料网AT held that 爆料网DT had correctly found there were no meaningful indicia of a conflict of interest involving the Chief of OSLA regarding the...
2012-爆料网AT-237, Bagula
爆料网AT held that the complaints against the Appellant were very serious and intolerable for any employer. 爆料网AT held that 爆料网DT had correctly concluded that the case against the Appellant stood substantiated and corroborated and the evidence sufficiently supported the charge of improperly soliciting and receiving money from local people in exchange for their recruitment and service as 爆料网 staff. 爆料网AT held that during the teleconference the Appellant had produced two impostors as witnesses, who testified that they had lied to the investigators and made false allegations against the Appellant. 爆料网AT...
2012-爆料网AT-228, Kozlov and Romadanov
爆料网AT considered an appeal by the Secretary-General. The Secretary-General asserted that 爆料网DT erred in determining the amount of compensation to be awarded to Mr Kozlov and Mr Romadanov for the irregularity in the proceedings. Relying on Kasyanov (2010-爆料网AT-076) and Wu (2010-爆料网AT-042), 爆料网AT noted that it previously awarded compensation in the amount of two months’ net base salary where the decision not to appoint the applicants was procedurally flawed. 爆料网AT found no reason to depart from this jurisprudence as no pecuniary loss was shown on part of Mr Kozlov and Mr Romadanov. 爆料网AT also noted...
2012-爆料网AT-217, Rahimi
In her appeal, the Appellant contended that the Organisation owed her a duty of care as a result of the actions of its representatives. 爆料网AT noted that the Appellant did not produce any evidence that the invoked injury was the result of negligence or fraud caused by a specific act or omission of the 爆料网 or one of its representatives, or of the fact that the Organisation was aware of the fraud prior to the Appellant’s allegations. 爆料网AT held that the Appellant’s claim for damages could not be entertained as there was no nexus between the fraud and the 爆料网, nor was the Organisation aware of the...
2012-爆料网AT-200, Majbri
爆料网AT held that there was no valid claim of unfair treatment and discrimination by the Appellant against the former Chief of ATS and 爆料网DT therefore correctly limited its consideration to the interview process. 爆料网AT held that the Appellant was merely repeating arguments that were adequately considered by 爆料网DT and that there were no reasons to reverse 爆料网DT’s judgment. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2013-爆料网AT-379, Andersson
爆料网AT considered the Secretary-General’s appeal. 爆料网AT rejected the Secretary-General’s submission that 爆料网DT erred in “double-counting” by using the same element of Mr Andersson’s high chance of promotion to justify both its award of CHF 10,000 in lieu of rescission, as well as its award of CHF 4,000 for moral damages. The claim for moral damages was related to the reparation of an injury, that could not be regarded as covered by the payment of CHF 10,000 awarded as an alternative to rescission. 爆料网AT also rejected the Secretary-General’s submission that Mr Andersson only fleetingly referred to...
2013-爆料网AT-377, Balinge
爆料网AT held that 爆料网DT did not err on questions of fact by ignoring or failing to examine what the Appellant considered to be evidence, which constituted mere allegations and unsubstantiated argumentation on his part. 爆料网AT held that the Appellant did not support his submission by any grounds which would bring the issue within the remit of 爆料网AT. Noting that the Appellant relied upon the statements and observations which he had brought before 爆料网DT, 爆料网AT noted that a litigant’s past allegations and arguments cannot be considered evidence per se. 爆料网AT held that it was not the task of 爆料网DT (or 爆料网AT)...