爆料网

2014-爆料网AT-434

爆料网AT Held or 爆料网DT Pronouncements

爆料网AT preliminarily rejected the request for an oral hearing since the issue to be determined was clear from the papers filed in the appeal. 爆料网AT held that, other than repeating his arguments before the 爆料网RWA DT, the Appellant had not detailed the alleged instances which, according to him, resulted in a manifestly unreasonable decision. 爆料网AT held that the claims of errors of fact on the part of 爆料网RWA DT, resulting in a manifestly unreasonable decision, were unsustainable. 爆料网AT held that 爆料网RWA DT did not err when it found, from the contents of the 2 September 2009 communication to the Appellant, that the Appellant was aware that any extension of his fixed-term appointment as a dental surgeon was contingent upon the post of another doctor being extended. 爆料网AT held that 爆料网RWA DT did not err when it rejected the Appellant’s contention that he was unaware that the half post he held was the post of another. 爆料网AT held that 爆料网RWA DT had correctly found no basis for the Appellant’s allegation that he had been asked to pay a bribe. 爆料网AT held that the Appellant failed to substantiate his claim of unlawful termination of a fixed-term appointment on the ground of improper motive or conduct. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.

Decision Contested or Judgment/Order Appealed

爆料网RWA DT Judgment: The Applicant contested the decision to separate him from service as a consequence of the suspension of the Mobile Dental Unit project, for Beirut and the North, which resulted in the return of those regular staff who were assigned to the project effective 1 June 2010. 爆料网RWA DT issued Judgment No. 爆料网RWA/DT/2013/012, finding the case receivable, and holding that the Applicant had not provided a shred of evidence to support this very serious allegation and recalling that the making of a bold assertion and/or allegation unsupported by any direct or even circumstantial evidence is unacceptable. 爆料网RWA DT dismissed the application.

Legal Principle(s)

A party appealing a Judgment of 爆料网DT is unlikely to succeed in having the Judgment reversed, modified or the case remanded to 爆料网DT unless the appeal challenges the impugned Judgment on one or more of the grounds referred to in Article 2.1 (a) to (e), of the 爆料网AT Statute.

Outcome

Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 爆料网DT Statute and Article 11(3) of the 爆料网AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.