爆料网

Investigation

  • Access to justice
  • Delay
  • Investigation
  • Right to a hearing
  • Right to comment/respond
  • Right to confront complainant
  • Right to cross-examine witnesses
  • Fact-finding investigation
  • Scope of investigation
    • Showing 111 - 120 of 248
    2015-爆料网AT-499, Fedorchenko

    On the question of maintaining confidentiality, 爆料网AT held that the Appellant had not provided persuasive reasons for maintaining the confidentiality of his case and did not grant his petition. 爆料网AT held that a decision not to review the closure of an investigation, which had been impugned by a staff member as procedurally or substantively irregular, was a decision that affected a staff member’s legal rights and that it, therefore, constituted an administrative decision subject to judicial review. 爆料网AT held that the specific provisions of ICAO’s personnel instruction should have led to a...

    2016-爆料网AT-686, He

    爆料网AT considered the appeal and found that the manner in which 爆料网DT went about investigating the disputed facts, in this case, was insufficient. 爆料网AT held that because there had not been adequate fact-finding, there was insufficient evidence before it to decide the appeal. 爆料网AT accordingly held that the need for more evidence, and a factual determination based upon it, required the matter to be remanded to 爆料网DT for fresh consideration, pursuant to Article 2(3) of the 爆料网AT Statute. 爆料网AT upheld the appeal, vacated 爆料网DT’s judgment, and remanded the matter to 爆料网DT.

    2016-爆料网AT-668, Onifade

    爆料网AT preliminary denied the Appellant’s motions for leave to respond to the answer to the appeal and his request for production of documents and evidence, on grounds that there were no exceptional circumstances. 爆料网AT then considered the merits of the appeal. 爆料网AT affirmed 爆料网DT’s decision that the investigation was not ultra vires. Whilst the Special Representative of the Secretary-General did not initiate the investigation, the nature of Chief Conduct and Discipline Team duties gave him authority to refer the matter to SIU for investigation. Even if the initiation of the investigation gave...

    2016-爆料网AT-634, Jaber et al.

    爆料网AT held that the Appellants had failed to present any evidence showing that they had suffered mental distress during the investigation, and such evidence was necessary for an award of moral damages. 爆料网AT held that there was no merit in the Appellant’s claim that 爆料网RWA DT had erred in not awarding them compensation for the lengthy administrative delay during the investigation. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.

    2016-爆料网AT-623, Abdullah

    爆料网AT held that the Appellant had failed to demonstrate evidence of exceptional circumstances to justify the need to submit new evidence or file additional pleadings and, therefore, dismissed the Appellant’s motion. 爆料网AT rejected the request for an oral hearing finding that it would not assist in the expeditious and fair disposal of the case. 爆料网AT held that 爆料网RWA DT was not required to set out its findings on every submission presented by the Appellant and the failure to do so did not amount to an error on the part of the 爆料网RWA DT. 爆料网AT upheld the order of 爆料网RWA DT to rescind the contested...

    2016-爆料网AT-612, Dawas

    爆料网AT considered the appeal by the 爆料网RWA Commissioner-General. 爆料网AT confirmed the findings and conclusions of the 爆料网RWA DT judgment under appeal about the illegality of the closure of the investigation into the staff member’s complaints. 爆料网AT held that 爆料网RWA DT had thoroughly conducted the judicial review of the challenged administrative decision. 爆料网AT held that 爆料网RWA DT had conducted a legitimate exercise when it drew its conclusions from the investigation report. 爆料网AT held that the irregularities, such as the failure to address the specific harassment complaint, several examples of abuse of...

    2017-爆料网AT-788, Soliman

    爆料网AT held that 爆料网RWA DT did not err in law and/or fact resulting in a manifestly unreasonable decision when it found that 爆料网RWA’s decision not to renew the Appellant’s fixed-term appointment at the end of the probationary period was a lawful exercise of its discretion. 爆料网AT held that 爆料网RWA DT correctly found that a performance-related justification for the non-renewal was properly given in the form of his electronic Performance Evaluation Report. 爆料网AT held that the irregularities in the assessment of the Appellant’s performance were not sufficiently substantial or consequential so as to rebut...

    2017-爆料网AT-786, Auda

    爆料网AT considered appeals by both the Secretary-General and Mr Auda. Noting that the Administration had not failed to respond, albeit with inordinate delay, and then had set up a second fact-finding panel, 爆料网AT held that a decision may only be challenged in the context of an appeal after the conclusion of the entire process and that the step Mr Auda was challenging was preliminary in nature. 爆料网AT held that the contested issue, namely the decision of the first fact-finding panel to delay, withhold and not submit its report and records, ceased to exist when Mr Auda was notified of the outcome of...

    2017-爆料网AT-733, Nadeau

    爆料网AT denied the Appellant’s application for an oral hearing. 爆料网AT held that the 爆料网DT had not committed an error of procedure by denying the Appellant an oral hearing. 爆料网AT held that 爆料网DT enjoys a wide margin of discretion in all matters relating to case management and there was no error in the proceedings before 爆料网DT with specific consideration of the following: 爆料网DT’s denial of the proceedings to be conducted in French; 爆料网DT’s dismissal of objections to English translations in the application and other documents, 爆料网DT’s issuance of its judgment before having the Secretary-General’s reply...

    2017-爆料网AT-761, Michaud

    As a preliminary matter, 爆料网AT denied the Appellant’s motion to adduce additional evidence in the form of an affidavit by him for the absence of exceptional circumstances. 爆料网AT held that the Office of Audit and Investigation Services (OAIS) took no decision that materially, adversely, or directly impacted the rights of the Appellant and that it merely made a non-binding recommendation to 爆料网DP. 爆料网AT held that the recommendation by OAIS was not an administrative decision. 爆料网AT held that 爆料网DT was correct to hold that the appeal in relation to the investigation was not receivable ratione materiae...