爆料网

English

Showing 1401 - 1410 of 4321
2014-爆料网AT-398, Kamara

爆料网AT held that 爆料网DT had nor erred in law or fact rendering its judgment. 爆料网AT held that the Appellant had failed to persuade the Court that 爆料网DT’s conclusion of fact had rendered the decision unreasonable as required by Article 2 of the 爆料网AT Statute. 爆料网AT held that the evidence clearly supported the finding of gross negligence and loss of property, as well as the existence of the misconduct. 爆料网AT held that there was no due process violation on the part of the Administration for having charged the Appellant with three accounts of misconduct. 爆料网AT held that the misconduct had been established...

2014-爆料网AT-397, Finniss

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that, given the open animosity and ill-feeling between the PCO and the staff member, the Administration should not have included the former in the interview panel. 爆料网AT held that the test for apparent bias applied by 爆料网DT was correct, regardless of whether a fair-minded observer, having considered the facts, would conclude that there was a real possibility that the interview panel was biased. 爆料网AT held that 爆料网DT was best placed to calculate on the evidence the appropriate level of compensation and found no reason to disturb the...

2014-爆料网AT-401, Zeid

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the absence of any breach of the staff member’s substantive or procedural rights during the selection exercise precluded the award of moral damages to him. 爆料网AT held that the staff member could not show a breach of a fundamental nature or that he suffered harm, stress or anxiety directly linked or reasonably attributed to a breach of his substantive or procedural rights. 爆料网AT held that the Administration’s failure to respond to staff members’ repeated requests for information was not a breach of his substantive contractual...

2015-爆料网AT-603, Niedermayr

爆料网AT held that it was disingenuous for 爆料网RWA to suggest that the Appellant’s transfer application was considered in the same manner as the two candidates who were selected from the roster. 爆料网AT held that 爆料网RWA DT failed to properly exercise the jurisdiction vested in it and erred in law in failing to have regard to the Appellant’s due process entitlements. 爆料网AT held that 爆料网RWA DT erred in law in relying on the authority of the Director of 爆料网RWA Affairs, Lebanon, to reject the Appellant’s application for assignment. 爆料网AT did not uphold the contention that the Appellant had a legitimate...

2015-爆料网AT-598, Thweib

爆料网AT considered an appeal by the Appellant of judgment No. 爆料网RWA/DT/2015/003. 爆料网AT held that the Appellant failed to demonstrate that 爆料网RWA DT erred in any way when it dismissed her application finding it to be moot, an outcome which was a natural consequence of the administrative rescission of the impugned decision, circumstances that contemplated the staff member’s claim and rights, solving the previous irregularity. 爆料网AT noted that the Appellant’s request to amend her application to seek compensation for material and moral damages was filed after she had received notification of the...

2015-爆料网AT-599, Ten Have

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in law and fact in ordering the refund of the recovery of the overpayments for two months. 爆料网AT held that Ms Ten Have was aware of the overpayment in April 2013 and therefore, the general rule of Section 3. 1 of ST/AI//2009/1 was applicable and the recovery of the two months overpayments was not excessive since the limit of two years could not be applied due to the staff member’s awareness of the overpayments as of April 2013, regardless of her previous ignorance or bona fide. 爆料网AT also held that as no request for...

2015-爆料网AT-591, Gakumba

爆料网AT had before it an appeal of judgment No. 爆料网DT/2015/006. As a preliminary matter, 爆料网AT considered a motion to seek to leave to postpone consideration of the Appellant’s appeal due to lack of legal representation. 爆料网AT agreed with the Secretary-General’s claim that the Motion filed by the Appellant was an additional supplemental pleading addressing the merits of his claims. 爆料网AT held that the Appellant had not shown exceptional circumstances justifying the filing of an additional pleading or good cause to postpone consideration of his appeal and his request was denied. 爆料网AT held that 爆料网DT...

2015-爆料网AT-602, Zamel

爆料网AT held that the allegations of irregularity raised by the Appellant were supported by evidence. 爆料网AT noted that it was hard to comprehend how the Appellant’s post suddenly became redundant when at the same time around 75 per cent of its functions were to be transferred to a consultant. 爆料网AT further noted that even though the new organisational structure was not approved until September 2013, as early as June 2013, the abolition of the Appellant’s post had already been decided and was communicated to him by his supervisor, against whom the Appellant filed a complaint of abuse of power. 爆料网AT...

2015-爆料网AT-605, Hosang

爆料网AT considered an appeal by the Secretary-General. On the award of costs, 爆料网AT held that the calling of a witness in good faith and with the reasonable aim to bolster the views of the Administration did not constitute an abuse of process warranting the award of legal costs and granted the appeal on that point. 爆料网AT dismissed the Secretary-General’s appeal of the award of prospective compensation of the monetary equivalent of the Special Post Allowance for an uncertain duration. 爆料网AT found no merit in the Secretary-General’s appeal against the award of compensation for loss of opportunity...

2015-爆料网AT-604, Ocokoru

The issue for determination by 爆料网AT was whether the relevant date for the filing of the Secretary-General’s appeal ran from the date on which the ALS received the 爆料网DT judgment in its capacity as counsel of record for the Secretary-General before 爆料网DT or the date on which the judgment was received by the OLA, the Secretary-General’s counsel of record before 爆料网AT. 爆料网AT held that in the absence of any published 爆料网DT rule or practice direction which decreed that transmission of 爆料网DT judgments be made to OLA, it was not permissible for the Secretary-General to seek to rely on the date when the...