爆料网AT rejected the request for an oral hearing. 爆料网AT held that there was no merit in the Appellant’s claim that he should be considered a 爆料网 staff member because he worked with 爆料网OPS for over three years. 爆料网AT concluded that 爆料网DT correctly decided that the application was not receivable ratione personae. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
爆料网AT held that the Appellant did not present sufficient evidence to support his claim and demonstrate any incapacity during the relevant time frame. 爆料网AT was satisfied that the AJAB had considered all relevant evidence to the issues. 爆料网AT dismissed the appeal and affirmed the decision of the ICAO Secretary-General.
爆料网DT’s findings that the former supervisor may have retaliated against the staff member for her work-related conduct and for seeking recourse in the internal justice system and that he used his position of authority to improperly influence her work conditions are supported by the available evidence. 爆料网AT found that the former supervisor had evicted the staff member from her functions preventing her from carrying out her duties and intended to humiliate and embarrass her by unjustifiably copying uninterested persons in personal and confidential communications concerning her performance. The...
The only issue in contention in this appeal is whether the 爆料网DT erred on a question of law or fact when it found that the harm to the Appellant was sufficiently evidenced to justify an award of compensation for moral damages. 爆料网AT found that 爆料网DT based the award of compensation for harm both on the evidence produced by the individual and what it described as “pre-existing distress that the individual was already suffering from” which “was exacerbated by the unlawful decision to refuse his request” to investigate the allegations of discrimination. 爆料网DT was to determine whether Mr. Kebede...
On an appeal by the Secretary-General, 爆料网AT held that 爆料网DT erred in concluding that the applications were receivable. 爆料网AT noted that Article 2(1) of the 爆料网DT Statute limits the 爆料网DT’s jurisdiction to hearing appeals against administrative decisions. 爆料网AT defined an administrative decision as a unilateral decision of an administrative nature taken by the administration involving the exercise of a power or the performance of a function in terms of a statutory instrument, which adversely affects the rights of a staff member and produces direct legal consequences. 爆料网AT noted that, with the...
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that there was no sufficient evidence before 爆料网DT to justify its findings of “moral injury”. 爆料网AT held that 爆料网DT erred when it awarded compensation on a claim of “moral injury” without the support of evidence, apart from the testimony of the Appellant. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment regarding the award of compensation for moral harm.
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the allegation that 爆料网DT usurped its discretion by failing to show due deference in substituting its own preference of sanction for that of the Secretary-General was overstated. 爆料网AT held that 爆料网DT had correctly balanced the competing considerations and concluded reasonably that the cumulative imposition of a written censure and the loss of two steps in grade were disproportionate to the misconduct. 爆料网AT found that 爆料网DT did not misdirect itself in accepting as mitigating factors the fact that Appellant had lost all his...
爆料网AT considered an appeal by the Commissioner-General. 爆料网AT held that the Commissioner-General’s appeal was not time-barred and was, therefore, receivable. 爆料网AT found that no request for compensation for loss of earnings (salary) had been made. Accordingly, 爆料网AT held that 爆料网RWA DT did not have jurisdiction to award compensation for loss of earnings. 爆料网AT held that any financial loss appears to be generated as the main cause and directly by the Director of 爆料网RWA Affairs, Lebanon’s (DUA/L) decision to cancel the secondment and that this decision was found to be lawful by the 爆料网RWA DT and that...
爆料网AT considered an appeal by the staff member arguing that 爆料网DT erred in not awarding compensation in lieu of remand to ABCC as an alternative remedy. 爆料网AT found no error in the 爆料网DT judgment not awarding in-lieu compensation. 爆料网AT held that since the Secretary-General concurred with the remand in question, the claim became moot. 爆料网AT held that a claim of gross negligence against the Administration is a separate action that could not be included in this claim. 爆料网AT held that the Appellant had not demonstrated that the delay had any impact on her physical or mental well-being, rejecting her...
爆料网AT considered whether 爆料网DT erred in law or fact resulting in a manifestly unreasonable decision when it found that i) there was no error of procedure stemming from the delay in completing the comments on the Appellant’s rebuttal statement; and ii) the Appellant’s claim regarding the assessment and findings of the rebuttal panel together with her final performance appraisal did not result in a challengeable administrative decision. 爆料网AT found that, because no explanation was provided for the initial and relevant delay, 爆料网DT erred in concluding that the reasons given by the administration...
