爆料网

Jurisdiction / receivability (爆料网AT)

  • Appeal
  • Interlocutory appeal
  • Manifest excess of jurisdiction
  • Personal (ratione personae)
  • Subject matter (ratione materiae)
  • Temporal (ratione temporis)
  • 爆料网JSPB
    • Showing 101 - 110 of 209
    2012-爆料网AT-221, Simmons

    爆料网AT considered Ms Simmons’ appeal and the Secretary-General’s cross-appeal. With respect to Ms Simmons’ claim that 爆料网DT erred when it determined that compensation of USD 500 was reasonable compensation for the procedural breaches, which occurred regarding her performance appraisal for 2007-2008, 爆料网AT found that 爆料网DT placed undue weight on Ms Simmons’ omissions and/or actions. 爆料网AT held that the compensation awarded for this breach was manifestly insufficient. With respect to Ms Simmons’ claim that she did not receive full and fair consideration regarding Post 1, 爆料网AT held that 爆料网DT did not...

    2012-爆料网AT-214, Fradin De Bellabre

    爆料网AT held that the contentions against judgment No. 爆料网DT/2009/004 were not receivable since only appeals against judgments on merits are receivable. Regarding the contentions against judgment No. 爆料网DT/2011/080, 爆料网AT held that there was no need to produce further documents. 爆料网AT held that 爆料网DT had correctly applied Article 10. 5 of the 爆料网DT Statute in ordering compensation in lieu and that the Appellant had no right to request 爆料网AT to order his reinstatement. 爆料网AT noted that the non-renewal was based on a tainted performance evaluation and that 爆料网DT, therefore, ordered the rescission of the...

    2013-爆料网AT-390, Wesslund

    爆料网AT considered a writ of mandamus from Ms Wesslund, who requested that 爆料网AT order 爆料网DT to accept her applications. 爆料网AT held that because it did not have inherent or original jurisdiction outside its capacity as an appellate body, it considered the motion for writ of mandamus to be an appeal against 爆料网DT Order No. 100 (NY/2013). 爆料网AT held that the appeal was received beyond the deadline for appeal. Noting that Ms Wesslund did not apply to 爆料网AT for an extension or waive of the applicable time limits, 爆料网AT held that the appeal of the Order was not receivable ratione temporis. 爆料网AT dismissed the...

    2013-爆料网AT-324, El-Komy

    爆料网AT held that the exclusion of the right to appeal a decision to suspend the execution of an administrative decision constitutes an exception to the general principle of the right to appeal and must, therefore, be narrowly interpreted; 爆料网AT held that the exception applied only to jurisdictional decisions ordering the suspension of an administrative decision pending management evaluation. 爆料网AT held that no jurisdictional decision, which, as in matter before it, ordered the suspension of a contested administrative decision for a period beyond the date on which the management evaluation was...

    2013-爆料网AT-393, Applicant

    爆料网AT considered the Applicant’s application for revision of judgment No. 2012-爆料网AT-209. 爆料网AT held that the request filed by the Applicant constituted a disguised way to criticise the judgment or to expose grounds to disagree with it, a recourse against a final judgment that is not provided for in the 爆料网AT Statute. 爆料网AT held that the issuance of another judgment during the same session as which the Applicant’s case was decided did not constitute a new fact, but rather law and that there was no possibility for a revision based on law. 爆料网AT held that the application was submitted almost one year...

    2013-爆料网AT-369, Darwish

    爆料网AT affirmed the 爆料网RWA DT decision that the application was not receivable as consistent with 爆料网RWA Area Staff Rule 111. 2 and Article 8 of the 爆料网RWA DT Statute. On alleged errors in procedure, 爆料网AT noted that the Appellant had no opportunity to challenge the untimeliness of the Commissioner-General’s reply before 爆料网RWA DT, but that, since the Appellant had not demonstrated how the untimely reply affected 爆料网RWA DT’s decision on receivability, 爆料网AT found no merit on this ground. 爆料网AT held that there was no error in 爆料网RWA DT’s reasoning on the issue of EVR. 爆料网AT held that, absent an appealable...

    2013-爆料网AT-353, Obdeijn

    爆料网AT considered Mr Obdeijn’s application for revision of judgment in respect of judgment No. 2012-爆料网AT-201. 爆料网AT held that Mr Obdeijn’s submissions were irrelevant as they did not meet the requirements set out in the 爆料网AT Statute. 爆料网AT held that Mr Obdeijn’s failure to submit evidence of alleged economic loss during the proceedings before both Tribunals did not constitute a newly discovered decisive fact warranting a revision of judgment. 爆料网AT held that Mr Obdeijn could not rely on 爆料网AT’s inherent jurisdiction to obtain a revision expressly forbidden by the 爆料网AT Statute from a rule based on...

    2013-爆料网AT-340, Dannan

    爆料网AT held that the appeal was not based on any of the required grounds. 爆料网AT held that 爆料网RWA DT properly discharged its duty to examine whether the procedure laid down in the applicable Staff Regulations and Rules had been followed and whether the Appellant had been given fair and adequate consideration. 爆料网AT held that 爆料网RWA DT correctly placed upon the Appellant the onus of showing by clear and convincing evidence that he had been denied a fair chance of being promoted. 爆料网AT agreed with 爆料网RWA DT’s observation that it was not enough for the Appellant to merely allege favouritism and yet...

    2013-爆料网AT-330, Nwuke

    爆料网AT considered two appeals, one against Order No. 103 (NBI/2012) and one against judgment No. 爆料网DT/2012/116. 爆料网AT held that the Appellant had not established any excess of jurisdiction or competence on the part of 爆料网DT; rather, his claims addressed the merits of the 爆料网DT decision. 爆料网AT noted that even if the 爆料网DT had erred in law or fact and as also alleged in the case, committed an error of procedure, this did not instance any excess of jurisdiction or competence on its part such as would entitle the Appellant to bypass the exception to the right to appeal set out in Article 2(2) of the 爆料网DT...