爆料网

Jurisdiction / receivability (爆料网DT or first instance)

  • Management Evaluation
  • Management evaluation
  • Management evaluation
  • Manifest excess of jurisdiction
  • Personal (ratione personae)
  • Subject matter (ratione materiae)
  • Temporal (ratione temporis)
  • Temporel (ratione temporis)
    • Showing 301 - 310 of 1228
    2013-爆料网AT-306, Ming Wu

    爆料网AT considered an appeal by Mr Wu and a cross-appeal by the Secretary-General. 爆料网AT held that the cross-appeal was receivable, despite it being a default judgment and the Secretary-General not having been allowed to participate in the proceedings or to file a reply. 爆料网AT held that the application was not receivable ratione materiae on the basis that he had not made a timely request for management evaluation. 爆料网AT held that therefore 爆料网DT had no jurisdiction to address the merits of the claims in the application and those claims were not properly before 爆料网AT for consideration. 爆料网AT held that...

    2013-爆料网AT-297, Likuyani

    爆料网AT held that neither Article 11 of the 爆料网AT Statute nor Article 2(7)(b) of the 爆料网DT Statute conferred any jurisdiction to hear an application for revision of a judgment of the former 爆料网 Administrative Tribunal. 爆料网AT held that the application before 爆料网DT was not receivable because 爆料网DT had no jurisdiction to hear the application. 爆料网AT held that, while it confirmed the 爆料网DT’s conclusion, it found that 爆料网DT, in reaching its conclusion, relied on the wrong reasons and failed to follow the binding jurisprudence of 爆料网AT. 爆料网AT dismissed the appeal.

    2013-爆料网AT-296, Rabee

    爆料网AT held, without examining the merits, that a staff member cannot create a platform to re-open the possibilities of challenging an administrative decision not impugned at the time it was issued for reasons that did not exist at that time. 爆料网AT held that the reconsideration sought by the Appellant was based on the analysis of administrative decisions that had no direct or particular effects on him, but on other staff members. On the allegation that a second decision was taken at a later date, 爆料网AT held that it was nothing more than a consequence of the earlier decision, which had already been...

    2013-爆料网AT-294, Gehr

    爆料网AT held that there was no error in 爆料网DT’s finding that the application was moot and thus, not receivable. 爆料网AT held that the 爆料网DT’s decision to dispose of the issue of compensation as part of another case was a case management decision well within the discretion of 爆料网DT and caused no injustice to the Appellant. 爆料网AT observed that it should never have been called on to review the 爆料网DT’s decision since the fact that the application was moot was obvious. 爆料网AT held that the Appellant had manifestly abused the appeals process by filing an appeal that was blatantly frivolous. 爆料网AT opined that the...

    2013-爆料网AT-293, Gehr

    爆料网AT held that 爆料网DT correctly concluded that applications to the 爆料网DT, be they from serving or former staff members (such as the Appellant), are only receivable if the applicant has previously submitted the contested administrative decision for management evaluation. 爆料网AT found no merit in the Appellant’s interpretation of the relevant provisions that, as a former staff member, he was exempted from the requirement for management evaluation. 爆料网AT upheld the 爆料网DT’s consideration that in the event of any ambiguity or contradiction between the 爆料网DT Statute and the Staff Rules, the former must...

    2013-爆料网AT-299, Gehr

    爆料网AT held that there was no merit in the appeal as 爆料网DT correctly concluded that applications to 爆料网DT were only receivable if the applicant had previously submitted the contested administrative decision for management evaluation and that management evaluation was a mandatory first step. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

    2013-爆料网AT-323, Sims

    爆料网AT considered an application for revision of judgment No. 2011-爆料网AT-154. 爆料网AT held that the new evidence was irrelevant because the case was not receivable; neither 爆料网DT nor 爆料网AT had jurisdiction to hear Mr. Sims’ case. 爆料网AT denied the application.

    2014-爆料网AT-488, Chocobar

    爆料网AT considered the Secretary-General’s appeal of 爆料网DT Order No. 233, which contended that 爆料网DT exceeded its competence in issuing an order as there was no matter for adjudication after Ms Chocobar withdrew her application. 爆料网AT found that 爆料网DT, in making its Order in the absence of a case to adjudicate, lacked jurisdiction and exceeded its competence to a significant degree. 爆料网AT noted that Article 36 of the 爆料网DT RoP did not provide a legal basis for the 爆料网DT Order, as there was no case before 爆料网DT to which Article 36 could apply. 爆料网AT further noted that Article 36 does not allow 爆料网DT to...

    2014-爆料网AT-482, Abdullah

    As a preliminary matter, 爆料网AT denied the Appellant’s request for an oral hearing and considered his grounds of appeal. With respect to the claimed errors of procedure, 爆料网AT found no merit in the Appellant’s arguments. 爆料网AT was not persuaded that the Appellant suffered prejudice by 爆料网RWA DT admitting the Commissioner-General’s late reply, failing to translate the reply into Arabic, failing to lift the confidentiality order, or by failing to hold an oral hearing. However, 爆料网AT found that 爆料网RWA DT exceeded its jurisdiction in finding that the Appellant had an unhealthy working relationship with...

    2014-爆料网AT-478, Bofill

    爆料网AT considered the Appellant’s submission that she let the deadline elapse primarily because she was confused by the first sentence of the message she received from the Office of the Deputy High Commissioner. 爆料网AT noted that this circumstance was previously considered by 爆料网DT. 爆料网AT was satisfied that the 爆料网DT’s pronouncement was in accordance with the established case law. 爆料网AT rejected the appeal.