爆料网

爆料网AT

Showing 471 - 480 of 1669
2022-爆料网AT-1194, Jafar Hilmi Wakid

爆料网AT held that 爆料网RWA DT did not commit an error in procedure, such as to affect the decision of the case pursuant to Article 2(1) of the 爆料网AT Statute. 爆料网AT rejected the argument that the fact that the Appellant did not receive the recordings of the hearing or transcript affected the decision of the case. 爆料网AT held that the Appellant merely repeated arguments raised before 爆料网RWA DT. 爆料网AT accepted 爆料网RWA DT’s finding that the Appellant had ample opportunity to respond to allegations and provide comments on the investigation report and exhibits. 爆料网AT held that 爆料网RWA DT made fundamental errors of...

2022-爆料网AT-1190, Emma Reilly

Ms. Reilly filed an application for correction. 爆料网AT found that her application was in substance both an application for correction and revision. 爆料网AT dismissed the application. 爆料网AT held that the corrections sought were of no material relevance to the outcome and reasoning of the judgment. With respect to one correction sought, 爆料网AT noted that the Secretary-General conceded that he had furnished the Appeals Tribunal with incorrect information - Ms. Reilly was on special leave with pay for four rather than six days in October 2019. 爆料网AT, however, found that that was not a decisive fact, as it...

2022-爆料网AT-1188, Julieta Coca

爆料网AT agreed with the 爆料网DT that the factual circumstances surrounding the staff member’s transition from the temporary appointment to the FTA demonstrate that she was “re-employed” on 1 February 2016. The Organization did not treat her as being continuously employed and it proceeded with an actual separation from service and dealt with the effects that this entails, such as payment of her accrued annual leave while serving on the temporary appointment. The Tribunal further noted that the staff member was re-employed, and not reinstated. The Tribunal remarks that because the temporary...

2022-爆料网AT-1216, Mujahid Zahoor

The staff member’s main claim pertain to the proportionality of the disciplinary measure meted out to him, that is of summary dismissal. The Appeals Tribunal found no fault in the 爆料网DT conclusion that the staff member’s behavior toward the Complainant amounted to serious misconduct. The Tribunal noted (paras. 53 - 56): “… By sexually harassing her, the Appellant violated the applicable Regulations and Rules. He did not conduct himself in a manner befitting his status as an international civil servant. His actions not only violated the Complainant’s personal dignity but also adversely...

2022-爆料网AT-1215, Secretary-General

爆料网AT reversed the 爆料网DT Judgment finding that the Contested Decision was never implemented. Noting that the issue of mootness was raised for the first time on appeal, 爆料网AT explained (paras. 32-33): “It is ordinarily impermissible to raise a new point on appeal that is not covered by the pleadings or was not canvassed in the evidence before the 爆料网DT, unless the point is jurisdictional in nature. A question of jurisdiction may always be advanced on appeal for the first time. The reason for the jurisdictional exception is obvious. The principle of legality prohibits the 爆料网DT from assuming a...

2022-爆料网AT-1214, Afm Badrul Alam

爆料网AT granted the appeal in part. 爆料网AT held that 爆料网DT erred by failing to implement its mandatory obligation to award an amount of compensation in lieu of rescission. 爆料网AT held that there was no error in the 爆料网DT’s finding that the Appellant had not discharged his burden of proof that the contested decision caused a loss of income due to loss of career opportunity. 爆料网AT held that the Appellant did not discharge his onus to show that 爆料网DT erred as the first instance trier of fact with regard to the issue of moral damages, and therefore accepted the 爆料网DT’s findings on compensation for moral...

2017-爆料网AT-807, Rockcliffe

爆料网AT considered that at the time of the elections, there was no law that prevented the staff members from being elected to the 爆料网SPC once they met the prerequisites for election, which they did. 爆料网AT held that both staff members were duly elected members of the 爆料网SPC and that as a direct consequence of their election, they had the same rights and privileges as other elected members, and which could not be restricted or denied. 爆料网AT granted the appeals and ordered that the staff members be given access to all relevant Pension Board documents and be allowed to participate and function as an...

2013-爆料网AT-306-Corr.1, Wu

爆料网AT considered an appeal by Mr Wu and a cross-appeal by the Secretary-General. 爆料网AT held that the cross-appeal was receivable, despite it being a default judgment and the Secretary-General not having been allowed to participate in the proceedings or to file a reply. 爆料网AT held that the application was not receivable ratione materiae on the basis that he had not made a timely request for management evaluation. 爆料网AT held that therefore 爆料网DT had no jurisdiction to address the merits of the claims in the application and those claims were not properly before 爆料网AT for consideration. 爆料网AT held that...

2019-爆料网AT-927, Jafari

爆料网AT agreed with 爆料网RWA DT that the legal framework did not establish an automatic right of the staff member to the extension of his or her service beyond the age of retirement upon the submission of the pertinent application, even if she or he satisfied those two conditions. However, 爆料网AT held that, contrary to 爆料网RWA DT’s finding, the Administration has the discretion to deny a request to extend a staff member’s service beyond retirement only in exceptional cases and on account of the interests of 爆料网RWA, which must be reflected clearly and precisely in the reasoning for the decision. 爆料网AT held...

2019-爆料网AT-929, Abdellaoui

爆料网AT held that the decision not to short-list the Appellant was an internal step within the selection process and not an administrative decision and that 爆料网DT should have only received her application against the selection decision. 爆料网AT held that the appeal was defective in that the Appellant did not clearly define the grounds of appeal as required under Article 2. 1 of the 爆料网AT Statute, however, 爆料网AT considered the appeal on the basis that the Appellant was self-represented. 爆料网AT rejected the Appellant’s allegation that the case management of 爆料网DT was flawed. 爆料网AT held that the re...