爆料网

English

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2010-爆料网AT-084, Sanwidi

As a preliminary matter, 爆料网AT rejected an application by the Staff Union of the ICTY for leave to file a friend-of-the court brief under Article 17 of its Rules of Procedure on the scope of review of the Secretary-General’s decision in disciplinary proceedings and the standard of proof in disciplinary proceedings, on the basis that the facts and legal issues were not so complex that the brief would assist it. 爆料网AT held that 爆料网DT, in exercising judicial review, may interfere with the exercise of the Secretary-General’s discretion in disciplinary proceedings against a staff member on the ground...

2010-爆料网AT-061, Syed

爆料网AT held that there was no dispute that the Appellant had a fixed-term appointment, which had no expectancy of renewal or of conversion to any other type of appointment. 爆料网AT held that 爆料网DT had correctly dismissed most of the allegations brought by the Appellant since he had failed to raise them in a request for administrative review or management evaluation. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2010-爆料网AT-100, Abboud

爆料网AT affirmed that the circumstances of the allegation of unsatisfactory conduct in the present case created the obligation to initiate a preliminary investigation. However, 爆料网AT noted that 爆料网DT erred in awarding damages to Mr Abboud while finding that he had not suffered any economic loss and that no actual damage existed. 爆料网AT rescinded the 爆料网DT’s judgment to the extent that it awarded damages to Mr Abboud.

2010-爆料网AT-099, Nwuke

爆料网AT held that the investigation into the management and administrative practices in general or of disciplinary cases is usually a matter within the discretion of the Administration but may still be subject to judicial review. 爆料网AT noted that if a staff member is dissatisfied with the outcome of an administrative decision, they may request judicial review which may result in the affirmation or recission of the decision. 爆料网AT held that 爆料网DT erred in finding the application not receivable, as the Appellant challenged an administrative decision, claiming non-compliance with the terms of his...

2010-爆料网AT-076, Kasyanov

爆料网AT considered an appeal by the Secretary-General limited to the question of compensation. On the issue of the Secretary-General’s appeal being time-barred, as raised by Mr. Kasyanov, 爆料网AT held that 爆料网DT’s judgment on merits for the case was not a final judgment; while it made substantive findings, it left the issue of remedy to be resolved in the future. 爆料网AT held that the 爆料网DT judgment on merits only became final when 爆料网DT issued the judgment on compensation. 爆料网AT held that, when the judgment on merits was appealed, a party could challenge the judgment on compensation and the judgment on...

2010-爆料网AT-077, Rasul

爆料网AT considered an appeal against Order No. 爆料网DT/NBI/O/2010/023 by the Secretary-General. Applying the principle that a party in whose favour a case has been decided is not permitted to appeal against the judgment on legal or academic grounds, 爆料网AT held that the Order had no practical effect following the withdrawal of the request for suspension of action. 爆料网AT held that the appeal was moot as it was academic and sought an opinion regarding the issues raised in the appeal. 爆料网AT dismissed the appeal.

2010-爆料网AT-073, Pellet

爆料网AT held that it was open to 爆料网DT to consider the preliminary issue of whether the Appellant had legal standing even to challenge the administrative decision not to advertise the vacancies. 爆料网AT held there was no error in the 爆料网DT’s decision that the Appellant was not entitled to contest the administrative decision since he was not an eligible candidate for any of the vacant posts. 爆料网AT held that the Appellant had no stake in the administrative decision as his rights and terms were not affected by the fact that the posts were not advertised. 爆料网AT held that the appeal failed on the ground that...

2010-爆料网AT-075, Saka

爆料网AT held that none of the reasons for the delay asserted by the Appellant justified a 17-month late appeal. 爆料网AT held that it would consider only the time issues because the case was so clearly out of time. 爆料网AT held that any alleged error by 爆料网DT in considering the merits was moot. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2010-爆料网AT-074, Trajanovska

爆料网AT held that the 爆料网DT’s judgment in Rosca was no longer good law, having been overruled by 爆料网AT in Costa. 爆料网AT held that time limits prescribed for administrative review and management evaluation (in the new system) could not be waived under Article 8(3) of the 爆料网DT Statute, due to a specific prohibition in this respect contained in Article 8(4) of the 爆料网DT Statute, as interpreted by 爆料网DT in Costa and affirmed by 爆料网AT. 爆料网AT held that the application was time-barred and the delay in filing could not be condoned. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2010-爆料网AT-056, Shakir

爆料网AT concurred with 爆料网DT that the case was time-barred and not receivable. 爆料网AT noted that, while the Appellant referred to an accident that prevented her from filing on time, she did not mention this to 爆料网DT and raised it for the first time before 爆料网AT. 爆料网AT held that, while Article 2. 5 of the 爆料网AT Statute allows it to admit further evidence in exceptional circumstances, it would not admit evidence that was known to the party and could have been presented to 爆料网DT. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.