爆料网

爆料网AT

Showing 851 - 860 of 1669
2013-爆料网AT-296, Rabee

爆料网AT held, without examining the merits, that a staff member cannot create a platform to re-open the possibilities of challenging an administrative decision not impugned at the time it was issued for reasons that did not exist at that time. 爆料网AT held that the reconsideration sought by the Appellant was based on the analysis of administrative decisions that had no direct or particular effects on him, but on other staff members. On the allegation that a second decision was taken at a later date, 爆料网AT held that it was nothing more than a consequence of the earlier decision, which had already been...

2013-爆料网AT-297, Likuyani

爆料网AT held that neither Article 11 of the 爆料网AT Statute nor Article 2(7)(b) of the 爆料网DT Statute conferred any jurisdiction to hear an application for revision of a judgment of the former 爆料网 Administrative Tribunal. 爆料网AT held that the application before 爆料网DT was not receivable because 爆料网DT had no jurisdiction to hear the application. 爆料网AT held that, while it confirmed the 爆料网DT’s conclusion, it found that 爆料网DT, in reaching its conclusion, relied on the wrong reasons and failed to follow the binding jurisprudence of 爆料网AT. 爆料网AT dismissed the appeal.

2013-爆料网AT-298, Morsy

爆料网AT held that concern about a high-level manager’s poor performance was not an improper motive or basis for the decision not to renew a fixed-term appointment. 爆料网AT noted that it was well within the discretion of 爆料网DT to determine the amount of compensation for moral damages to award a staff member for procedural violations in light of the unique circumstances of each case. 爆料网AT held that the cases cited by the Appellant as examples of higher awards were neither applicable nor persuasive. 爆料网AT held that 爆料网DT did not err in awarding moral damages of USD 25,000. 爆料网AT held there was no merit in...

2013-爆料网AT-299, Gehr

爆料网AT held that there was no merit in the appeal as 爆料网DT correctly concluded that applications to 爆料网DT were only receivable if the applicant had previously submitted the contested administrative decision for management evaluation and that management evaluation was a mandatory first step. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

2013-爆料网AT-287, McKay

爆料网AT held that the grounds for appeal were not substantiated. 爆料网AT held that the alleged delay in the disposal of the case at the lower level did not have any impact on the outcome of the case and was partially tolerated by the Appellant. On the merits, 爆料网AT upheld the 爆料网DT’s reasonable decision to accept the opinions of the attending doctor at the hospital and the 爆料网IFIL Chief Medical Officer concerning the approximate time of Mr McKay’s death being some hours prior to Mr McKay arriving at the hospital. 爆料网AT held that it was correct to conclude, as 爆料网DT did, that, regardless of any deficiency...

2013-爆料网AT-288, Debebe

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 exceeded its competence by awarding compensation for distress without a previous claim for damages. 爆料网AT noted that Mr Debebe’s claim before the Joint Appeals Board (JAB) had been limited to material or pecuniary damages related solely to remuneration. 爆料网AT held that 爆料网DT did not have jurisdiction to award compensation for moral damage. 爆料网AT allowed the appeal and vacated the 爆料网DT judgment to the extent that it awarded compensation for moral damages.

2013-爆料网AT-289, Wishah

As a preliminary issue, 爆料网AT held that 爆料网RWA DT did not follow the proper procedure when it allowed the Respondent to participate in the proceedings without a formal request for waiver of time limit for filing its answer and taking part in the trial. 爆料网AT held that another significant irregularity took place during the proceedings before 爆料网RWA DT, in light of which 爆料网AT was compelled to annul the judgment and remand the case for a de novo consideration by a different 爆料网RWA DT Judge, namely that 爆料网RWA DT committed an error in procedure when it denied the Appellant’s request for a copy of the...

2013-爆料网AT-290, Mirkovic

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that there was no nexus between the emotional distress of preparing for the exam and the impugned decision as the preparation took place prior to the decision. 爆料网AT held that 爆料网DT’s finding that the contradictory information received by Ms Mirkovic and the lack of responses from the Chief of the Examinations and Tests Section added to her stress and injury was not supported by the facts, noting that written confirmation of what the Chief had told her was not required in order for her to request management evaluation. 爆料网AT held that...

2013-爆料网AT-291, Perelli

爆料网AT considered two appeals by Ms Perelli, against judgment Nos. 爆料网DT/2012/034 and 爆料网DT/2012/100. On the matter of due process, given Ms Perelli had the opportunity to rebut allegations and contents of the relevant report, 爆料网AT held that these procedural steps were part of her due process entitlements and, to the extent that 爆料网DT found the Administration to have respected these procedural steps, 爆料网AT upheld the finding of 爆料网DT. 爆料网AT held that the Investigation Panel report satisfied neither the remit given to it nor the statutory requirements of ST/AI/371. 爆料网AT held that Ms Perelli was...

2013-爆料网AT-292, Abu Jarbou

爆料网AT held that it was a procedural error to allow the Commissioner-General to participate in the proceedings and to file a late reply without a written order, but that the Appellant was not prejudiced by that error and the error did not violate his due process rights. 爆料网AT held that the Appellant’s failure to object to the Respondent’s late reply before 爆料网RWA DT did not prevent him from raising on appeal the question of procedural error. On the Appellant’s claim that 爆料网RWA DT erred when it did not permit him to file a rejoinder to the Respondent’s reply, 爆料网AT held that since the Appellant did...