爆料网

2017-爆料网AT-769

爆料网AT Held or 爆料网DT Pronouncements

爆料网AT held that, in light of the undertaking the Appellant had signed agreeing to work on the relevant education programme at the remuneration rate determined by 爆料网RWA, his acceptance of that rate was not compatible with his subsequent claim for retroactive readjustments. 爆料网AT held that the extra and external activities as a lecturer for physical education did not have the consequence to modify the job duties or title of the Appellant’s post. 爆料网AT held that 爆料网RWA DT properly treated the question of the Appellant’s additional work in light of PD A/3 related to the parallel education programme. 爆料网AT held that the Appellant’s regular and extra duties were in line with the functions and responsibilities of a Recreation Officer. 爆料网AT held that the Appellant’s misunderstanding of and disagreement with the outcome of his application was not sufficient to overturn the judgment of 爆料网RWA DT. 爆料网AT rejected the appeal and affirmed the 爆料网RWA DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to pay him a teaching staff allowance for the lectures he had delivered. 爆料网RWA DT dismissed his application on the basis that, as a Recreation Officer, he was a non-teaching staff rather than teaching staff, and that he had been properly compensated in accordance with 爆料网RWA’s overtime rules.

Legal Principle(s)

It is not enough for an appellant to disagree with the findings of fact or the conclusions of law made by the trial court. For a first instance decision to be vacated or overturned, an appellant must provide proof that the first instance tribunal, in rendering its judgment, exceeded its jurisdiction or competence, failed to exercise jurisdiction vested in it, erred on a question of law, committed an error in procedure such as to affect the decision of the case, or erred on a question of fact resulting in a manifestly unreasonable decision.

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.

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Haj Saleh
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