爆料网

English

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2011-爆料网AT-117, Lutta

The Appellant appealed the amount of compensation awarded for loss of chance. 爆料网AT noted that there was no set way for the trial court to set damages for loss of chance of promotion and that each case turned on its facts. 爆料网AT noted that it would generally defer to the trial court’s discretion. 爆料网AT did not accept the Appellant’s argument that the trial court was required to assess the percentage chances that he would have been selected: 爆料网AT held that while it had approved that procedure as one method of assessing damages, it respected the opinion of the trial judge as to how to determine...

2011-爆料网AT-108, Ajdini et al.

爆料网AT considered an appeal of 爆料网DT Order No. 50 (GVA/2010) by the Secretary-General. 爆料网AT held that the issue under consideration was settled, as 爆料网AT had consistently held that 爆料网DT had no jurisdiction to waive deadlines for management evaluation or administrative review. 爆料网AT held that 爆料网DT erred on a question of law in determining that it had the authority to waive the deadlines for administrative review. 爆料网AT allowed the appeal and set aside the 爆料网DT Order.

2011-爆料网AT-107, Chen

爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Ms Chen. 爆料网AT held that the principle that everyone, without any discrimination, has the right to equal pay for equal work (Article 23(2) of the Universal Declaration of Human Rights) applies to 爆料网 staff. 爆料网AT held that budgetary considerations could not trump the requirement of equal treatment. 爆料网AT declined to grant the relief sought by Ms Chen in her cross-appeal on the basis that 爆料网DT awarded damages from the correct date. 爆料网AT held that the Administration’s allegation that 爆料网DT usurped the Secretary-General’s...

2011-爆料网AT-110, Abbassi

The staff member appealed on the ground that 爆料网DT had made errors of fact in the judgment. 爆料网AT recalled that in order to overturn a finding of fact, 爆料网AT must be satisfied that the finding is not supported by the evidence or that it is unreasonable. Some degree of deference should be given to the factual findings by 爆料网DT as the court of first instance, particularly where oral evidence is heard. 爆料网AT dismissed the appeal finding that there were no grounds for overturning the 爆料网DT’s findings of fact and that no other reversible errors were made.

2011-爆料网AT-106, Piskolti

爆料网AT considered Mr Paskolti’s application for revision of former 爆料网 Administrative Tribunal judgment No. 1459. 爆料网AT held that Article 11 of the 爆料网AT Statute and Article 24 of the 爆料网AT Rules of Procedure did not confer jurisdiction on 爆料网AT to review a judgment of the former 爆料网 Administrative Tribunal. 爆料网AT dismissed the application for revision on the grounds of non-receivability.

2011-爆料网AT-163, Masri

爆料网AT considered an application for revision judgment No. 2010-爆料网AT-098. 爆料网AT held that the application did not meet the statutory requirements of the 爆料网AT Statute. 爆料网AT held that the alleged new information or misinterpretation of the date of a transaction did not constitute circumstances that warranted a revision, because they would not result in the exclusion of the main reasons stated by 爆料网AT for vacating the 爆料网DT judgment and affirming the administrative decision of summary dismissal. 爆料网AT held that the application was not admissible since it repeated an argument already examined and...

2011-爆料网AT-105, Fuentes

爆料网AT considered appeals from both the Secretary-General and Ms Fuentes. 爆料网AT held that 爆料网DT correctly found her appeal regarding an investigation by OIOS to be time-barred. 爆料网AT held that 爆料网DT correctly held that it was the special procedure under Administrative Instruction ST/AI/1998/9 and not former Staff Rule 111(2)(a) that applied to appeals of classification decisions and that the Administration had failed to respond to Ms Fuentes’ appeal against the reclassification decision. 爆料网AT dismissed both appeals and affirmed the 爆料网DT judgment.

2011-爆料网AT-104, Sanwidi

爆料网AT considered an appeal of judgment No. 爆料网DT/2010/061 on compensation. 爆料网AT held that, as it had previously overturned the judgment on the merits (which found in favour of Mr Sanwidi), the foundation for an award of compensation no longer existed and the appeal was moot. 爆料网AT held that the judgment on compensation was automatically vacated when it overturned the judgment on the merits. 爆料网AT dismissed the appeal and vacated the 爆料网DT judgment.

2011-爆料网AT-103, Abboud

爆料网AT held that 爆料网DT has the power to, as it did, refer a matter to the Secretary-General for investigation under Article 10(8) of the 爆料网DT Statute. 爆料网AT dismissed the appeal and held that all language in the 爆料网DT judgment was obiter dictum or surplusage, except for the order itself, which 爆料网AT affirmed in its entirety.

Accountability Referral: The 爆料网AT affirmed the 爆料网DT referral for possible action to enforce accountability.