爆料网

爆料网AT

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2018-爆料网AT-833, Koumoin

爆料网AT rejected the request for an oral hearing since it did not find that an oral hearing would assist in the expeditious and fair disposal of the case. 爆料网AT held that the 爆料网DT Summary judgment, finding that the application was manifestly inadmissible, was not tainted by any errors. 爆料网AT held that the Appellant was asking for the execution of an alleged default judgment issued by the first instance court in the previous proceedings more than six years earlier, and for enforcement of a non-existent mediation agreement. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2018-爆料网AT-834, Fox

爆料网AT considered the appeal. 爆料网AT noted that the relationship between a pension fund and its members and beneficiaries is determined principally by the Regulations of the Fund and that there is no other explicit contractual basis obliging the Fund to assume duties beyond those expressly provided for in the Regulations and Administrative Rules. However, 爆料网AT emphasized the importance of contracts being executed in good faith. 爆料网AT found that the Fund breached its duty of good faith because the correspondence between the Appellant and the Fund indicated that she needed assistance and further...

2018-爆料网AT-818, Kawamleh

爆料网AT held that the issues relating to the conduct of the first test were of no relevance to the appeal and had no legal consequence because the first test and the proposed selection exercise had been cancelled. 爆料网AT agreed with 爆料网RWA DT that a selection process may only be challenged in the context of an appeal against the outcome of that process. 爆料网AT found that 爆料网RWA DT did not err in dismissing the first three grounds of the application. With respect to the second test, 爆料网AT agreed with the finding of 爆料网RWA DT that the Appellant was unable to contest the Agency’s decision to conduct a...

2018-爆料网AT-819, Mbaigolmem

爆料网AT held that the undisputed facts, the evidence of a credible report, coherent hearsay evidence pointing to a pattern of behaviour, the consistency of the witness statements, the unsatisfactory statement of the staff member, and the inherent probabilities of the situation, taken cumulatively, constituted a clear and convincing concatenation of evidence establishing, with a high degree of probability, that the alleged misconduct in fact occurred. 爆料网AT noted that the Organisation is entitled to and obliged to pursue a severe approach to sexual harassment and that the message, therefore, needs...

2018-爆料网AT-820, Newland

爆料网AT held that requesting management evaluation was a mandatory first step. 爆料网AT found that that the Personnel Action forms could not be construed as adequately notifying the Appellant of the relevant administrative decision to process his retirement and separation from service. 爆料网AT held that the memorandum that gave instructions pertaining to the Appellant’s separation from service and repatriation to his home country triggered the time limit to seek management evaluation. 爆料网AT held that the Appellant failed to seek a management evaluation within that time. 爆料网AT held that 爆料网DT’s finding that...

2018-爆料网AT-822, Elobaid

The Secretary-General appealed. 爆料网AT held that 爆料网DT erred in law when it found that there was a breach of Mr Elobaid’s due process rights, as Mr Elobaid was correctly apprised of the allegations against him, which could lead to administrative action, and was afforded the opportunity to make representations against the measure taken. 爆料网AT held that 爆料网DT erred in fact, resulting in a manifestly unreasonable decision, when it assumed that the reprimand originated from Mr Ward, of the Chief Programme Support and Management Services at the Office of the High Commissioner for Human Rights, who...

2018-爆料网AT-823, Ngoga

爆料网AT held that 爆料网DT’s finding that the application contesting the decision to recover overpayments was not receivable ratione temporis was correct since the Appellant waited nearly two years until filing his application to the 爆料网DT, which was clearly outside the time limit. 爆料网AT agreed with 爆料网DT that the Appellant’s application against the decision to reject retroactive payment of dependency allowance for his adopted children was not receivable ratione materiae because the Appellant failed to request management evaluation within the time limits provided in Staff Rule 11. 2. 爆料网AT dismissed the...

2018-爆料网AT-824, Mbok

爆料网AT denied the request for an oral hearing. 爆料网AT held that 爆料网DT was correct in finding that the Appellant should have requested a management evaluation of decision on or before 16 December 2014 and that he did not do so until 3 January 2017. 爆料网AT agreed with 爆料网DT that the application was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2018-爆料网AT-825, He

爆料网AT rejected the motion for leave to comment on the answer to the appeal, finding that the matters that the Appellant sought to address in her comments would be essentially a repetition of, or supplementary to, her submissions. 爆料网AT held that 爆料网DT properly reviewed the contested decision in accordance with the applicable law and addressed the concerns identified by 爆料网AT by establishing the critical facts as instructed. 爆料网AT found that 爆料网DT's conclusions were consistent with the evidence. 爆料网AT found no error in the 爆料网DT’s finding that the Appellant failed to establish that the decision not to...