After Mr. Yousef’s appeal and the Commissioner-General’s cross-appeal had been submitted, Mr. Yourself filed a motion to withdraw the appeal based on the fact that an internal settlement had been agreed with 爆料网RWA and the Commissioner-General filed a motion to withdraw the cross-appeal. 爆料网AT directed the Registrar to close the case.
爆料网AT rejected the Appellant’s request for an oral hearing. 爆料网AT held that 爆料网RWA DT did not commit an error of procedure such as to affect the decision of the case by failing to order the Agency to allow the participation of the Appellant representative in the oral hearing or by failing to accommodate the latter’s employment situation. 爆料网AT held that 爆料网RWA DT did not err on a question of fact, resulting in a manifestly unreasonable decision when it determined that the Head of Education Department (H/ED) had not received the Appellant’s request for SLWOP and, consequently, that there had not...
爆料网AT considered the Secretary-General's appeal, specifically as to whether 爆料网RWA DT’s decision to award special allowances for extra duties performed and compensation for moral damages was an error in law or fact, resulting in a manifestly unreasonable decision. With respect to the allowance for extra duties, 爆料网AT noted that it is settled in its jurisprudence that the Agency has discretionary powers to pay the special allowances, which must be exercised reasonably in accordance with their substantive legal requirements. 爆料网AT held that there was no room for 爆料网RWA DT to substitute its decision...
爆料网AT considered whether 爆料网RWA DT correctly concluded that the application was non-receivable ratione materiae. 爆料网AT found that the Appellant failed to reference the grounds of appeal he relied upon, pursuant to Article 2(1) of the 爆料网AT Statute. 爆料网AT held that, because the Appellant did not identify the defects or grounds that rendered the impugned decision erroneous, the appeal must fail for this reason alone. In considering the rest of the appeal, 爆料网AT also found that the Appellant knew, or reasonably should have known, that his allowance request had been refused since 2009. Moreover, 爆料网AT...
爆料网AT considered the appeal. 爆料网AT noted that the appeal was defective because the Appellant failed to identify any of the five grounds of appeal set out in Article 2.1 as forming the legal basis of his appeal. 爆料网AT found that he had not complied with his statutory obligation as an appellant, in that nothing that he pleaded was capable of demonstrating that 爆料网RWA DT committed an error of fact or law warranting intervention by 爆料网AT. 爆料网AT also found that the Appellant failed to demonstrate any error in 爆料网RWA DT’s finding and had not provided any evidence in support of his claims that the Agency’s...
爆料网AT held that 爆料网RWA DT committed errors of law and fact resulting in a manifestly unreasonable decision. 爆料网AT held that 爆料网RWA DT erred in its assessment of the alleged victim’s credibility. 爆料网AT held that, contrary to 爆料网RWA DT’s understanding, there was no record that the alleged victim had stated that she had been sexually attacked by the Appellant on previous occasions. 爆料网AT held that 爆料网RWA DT erred in drawing a negative inference about the credibility of the alleged victim from her delayed reporting. 爆料网AT held that 爆料网RWA erred in its assessment of the Appellant’s credibility, in particular...
As preliminary matters, 爆料网AT held that: (1) an oral hearing would not assist in the expeditions and fair disposal of the case, noting that the issues of jurisdiction and receivability did not require oral testimony and argument for the fair disposal of the appeal; (2) an order for production of documents was not necessary; (3) the Registry would provide an Arabic translation of the judgment; and (4) the Appellant’s in-session motion, viewed by 爆料网AT as a veiled motion for additional pleadings and a request for adjournment, was denied for lack of exceptional circumstances, noting that the...
爆料网AT held that the Appellant’s case was fully and fairly considered by 爆料网RWA DT. 爆料网AT found no error of law in 爆料网RWA DT’s decision. 爆料网AT held that 爆料网RWA DT properly reviewed the contested decision in accordance with the applicable law. 爆料网AT held that the non-extension of the limited duration contract was a result of the elimination of her post due to a lack of funds, which constituted a valid reason proffered by the Administration for not renewing her appointment. 爆料网AT held that, by applying objective criteria in the reduction of the staffing levels, 爆料网RWA adhered to the principles of equality...
爆料网AT held that all of the Appellant’s grounds of appeal failed, except for his challenge to the 爆料网RWA decision not to renew or extend the Appellant’s limited duration contract beyond its final extension, for the simple reason that those several decisions to extend his contract advantaged him by adding, in total, six months to his contract. On the issue of the Appellant’s non-renewal or final extension, 爆料网AT held that there was no error in 爆料网RWA DT’s reasoning and that 爆料网RWA was justified in deciding not to renew or extend his employment, noting that 爆料网RWA faced a massive financial shortfall...
爆料网AT held that there was no express rescission of the impugned decision by the Administration. 爆料网AT held that monthly renewals pending the outcome of the rebuttal of a performance evaluation did not resolve the complaint of the non-renewal of the fixed-term appointment. 爆料网AT held that the monthly renewals did not rescind or supersede the impugned decision and the application could not be considered moot. 爆料网AT held that 爆料网DT erred in its decision, resulting in a manifestly unreasonable decision. 爆料网AT upheld the appeal, vacated the 爆料网DT judgment, and remanded the matter to 爆料网DT for proper...
