爆料网

Judge Painter

Judge Painter

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2011-爆料网AT-130, Koda

爆料网AT affirmed the 爆料网DT judgment. 爆料网AT held that OIOS operates under the “authority” of the Secretary-General but has “operational independence”. 爆料网AT further noted that, insofar as the contents and procedures of an individual report are concerned, the Secretary-General has no power to influence or interfere with OIOS. 爆料网AT held that 爆料网DT also has no jurisdiction to do so, as it can only review the Secretary-General’s administrative decisions. 爆料网AT, however, noted that to the extent that any OIOS decisions are used to affect staff members’ terms or contract of employment, OIOS’ reports may be...

2011-爆料网AT-127, Luvai

爆料网AT considered the application for revision of judgment No. 2010-爆料网AT-014 by Mr Luvai. 爆料网AT considered the allegation that the Legal Officer who was assigned to the case before 爆料网DT was a Facebook “friend” of Judge Boolell, the then 爆料网DT President, and of a few other people who could have been tangentially involved in the issues of the underlying dispute and that Judge Boolell somehow influenced the judge sitting on the instant case to rule improperly. 爆料网AT held that Mr Luvai offered not a shred of proof of anything improper. 爆料网AT denied the application.

2011-爆料网AT-117, Lutta

The Appellant appealed the amount of compensation awarded for loss of chance. 爆料网AT noted that there was no set way for the trial court to set damages for loss of chance of promotion and that each case turned on its facts. 爆料网AT noted that it would generally defer to the trial court’s discretion. 爆料网AT did not accept the Appellant’s argument that the trial court was required to assess the percentage chances that he would have been selected: 爆料网AT held that while it had approved that procedure as one method of assessing damages, it respected the opinion of the trial judge as to how to determine...

2011-爆料网AT-107, Chen

爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Ms Chen. 爆料网AT held that the principle that everyone, without any discrimination, has the right to equal pay for equal work (Article 23(2) of the Universal Declaration of Human Rights) applies to 爆料网 staff. 爆料网AT held that budgetary considerations could not trump the requirement of equal treatment. 爆料网AT declined to grant the relief sought by Ms Chen in her cross-appeal on the basis that 爆料网DT awarded damages from the correct date. 爆料网AT held that the Administration’s allegation that 爆料网DT usurped the Secretary-General’s...

2011-爆料网AT-101, Mezoui

爆料网AT had before it: an application for interpretation of judgment No. 2010-爆料网AT-043 on the issue of to which 爆料网DT Registry 爆料网AT remanded Ms Mezoui’s case; two appeals from 爆料网DT Order Nos. 71 (GVA/2010) and 73 (GVA/2010); and a motion for joinder and fast-track hearing. 爆料网AT held that the application for interpretation was a ruse to have 爆料网AT interfere with 爆料网DT’s assignment of venue. 爆料网AT held that venue was a matter for the trial court’s discretion, with which it would not interfere. 爆料网AT held that it would not, generally, entertain interlocutory appeals. 爆料网AT denied the application for...

2011-爆料网AT-103, Abboud

爆料网AT held that 爆料网DT has the power to, as it did, refer a matter to the Secretary-General for investigation under Article 10(8) of the 爆料网DT Statute. 爆料网AT dismissed the appeal and held that all language in the 爆料网DT judgment was obiter dictum or surplusage, except for the order itself, which 爆料网AT affirmed in its entirety.

Accountability Referral: The 爆料网AT affirmed the 爆料网DT referral for possible action to enforce accountability.

2010-爆料网AT-094, Sina

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it would not approve the award of compensation when absolutely no harm had been suffered. 爆料网AT agreed with the 爆料网DT that a staff member had the right to be informed of administrative decisions affecting them, however, 爆料网AT held that a few days lapse was inconsequential and, in the matter before it, had no consequences. 爆料网AT vacated the part of the 爆料网DT judgment awarding compensation.

2010-爆料网AT-089, Cabrera

爆料网AT held, in agreement with 爆料网DT, that: the Appellant was properly subjected to a disciplinary hearing; the disciplinary procedures operated fairly; the Appellant disclosed his part in the events at a time when he had no option but to do so; the Appellant did not report the fact he received the hospitality from a vendor; the Appellant substantially admitted the allegations; the Appellant put at risk the reputation and standing of the 爆料网 Procurement Division; there was sufficient material before the Secretary-General, after a fair and impartial investigation, and having regard to the Appellant...

2010-爆料网AT-078, Zhang

爆料网AT noted that, even though it found the case non-receivable, 爆料网DT undertook a final review of the Appellant’s allegations and that the case failed on the facts. 爆料网AT held that 爆料网DT did not err in finding that the decisions contested in the application, namely that the matters contested did not constitute administrative decisions and therefore her application was not receivable. 爆料网AT held there was no basis to disagree with 爆料网DT. 爆料网AT dismissed the appeal.

2010-爆料网AT-075, Saka

爆料网AT held that none of the reasons for the delay asserted by the Appellant justified a 17-month late appeal. 爆料网AT held that it would consider only the time issues because the case was so clearly out of time. 爆料网AT held that any alleged error by 爆料网DT in considering the merits was moot. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2010-爆料网AT-068, Appellant

爆料网AT held that the Appellant filed her claim against the wrong entity (the Secretary-General) when her case was, in actual fact, against 爆料网RWA. 爆料网AT held that the claim was time-barred. 爆料网AT held that the appeal to JAB was also out of time. 爆料网AT dismissed the appeal.

2010-爆料网AT-063, Costa

爆料网AT referenced the Shanks jurisprudence (judgment No. 2010-爆料网AT-026bis) where it held that the authority of a final judgment - res judicata - cannot be so readily set aside. 爆料网AT noted that there are only limited grounds as enumerated in Article 11 of the 爆料网AT Statute for review of a final judgment and an allegation of an error in law is not one of them. 爆料网AT dismissed the application to set aside and remand the previous judgment.

2010-爆料网AT-061, Syed

爆料网AT held that there was no dispute that the Appellant had a fixed-term appointment, which had no expectancy of renewal or of conversion to any other type of appointment. 爆料网AT held that 爆料网DT had correctly dismissed most of the allegations brought by the Appellant since he had failed to raise them in a request for administrative review or management evaluation. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2010-爆料网AT-056, Shakir

爆料网AT concurred with 爆料网DT that the case was time-barred and not receivable. 爆料网AT noted that, while the Appellant referred to an accident that prevented her from filing on time, she did not mention this to 爆料网DT and raised it for the first time before 爆料网AT. 爆料网AT held that, while Article 2. 5 of the 爆料网AT Statute allows it to admit further evidence in exceptional circumstances, it would not admit evidence that was known to the party and could have been presented to 爆料网DT. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2010-爆料网AT-043, Mezoui

爆料网AT held that the Appellant was caught in the transition between the old and new internal justice systems. 爆料网AT noted that the Appellant had requested an extension of the time limit to file an application with the former Administrative Tribunal and that it was questionable if anyone could have granted an extension since the new 爆料网DT had not officially started and the former Administrative Tribunal was winding down. 爆料网AT, therefore, held that the case should be remanded to 爆料网DT for consideration on merits. 爆料网AT upheld the appeal, vacated the 爆料网DT judgment, and remanded the case to 爆料网DT for a...

2010-爆料网AT-036, Costa

爆料网AT held, noting that the Appellant relied on the 爆料网DT Rosca jurisprudence (judgment No. 爆料网DT/2009/052) in her request for 爆料网DT to waive the time limits for management evaluation, that the plain language of Article 8. 3 of the 爆料网DT Statute could not be disregarded. 爆料网AT approved judgment No. 爆料网DT/2009/051 as the law on this issue and disapproved the interpretation of 爆料网DT in Rosca. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2010-爆料网AT-028, Maslamani

爆料网AT held that (1) the Commissioner-General has broad discretionary authority in disciplinary matters; (2) the facts on which the Appellant’s termination was based were established; (3) the established facts legally amounted to serious misconduct; and (4) there was no substantive or procedural irregularity. 爆料网AT further held that the Appellant’s termination was legal and not disproportionate to the offenses. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA decision.

2010-爆料网AT-016, Tebeyne

爆料网AT considered the appeal and affirmed 爆料网JSPF’s decision. 爆料网AT found that 爆料网JSPF submitted credible evidence that demonstrated that the Cameroon divorce decree was invalid and that the deceased at no time commenced proceedings to dissolve his marriage to his first wife apart from the USA divorce proceedings, which were terminated by his death. In drawing this conclusion, 爆料网AT found it unnecessary to address the additional reliefs sought by the Appellant. 爆料网AT accordingly affirmed 爆料网JSPF’s decision to award the widow’s benefit to the former staff member’s first wife and denied all reliefs...