The 爆料网AT held that any dissatisfaction with the meaning of a judgment should be raised in an appeal of the substantive judgment. Mr. Odat did not appeal the underlying judgment, Judgment No. 爆料网RWA/DT/2025/001.
The 爆料网AT found that the 爆料网RWA DT’s subsequent judgment on his application for interpretation was not a fresh judgment within the scope of Article 2 of the Appeals Tribunal Statute, and thus Mr. Odat’s appeal was not receivable.
The 爆料网AT held that the former staff member did not request an oral hearing during proceedings before the 爆料网DT and thus cannot be allowed to do so on appeal. The 爆料网DT as the trier of fact cannot be bypassed.
The 爆料网AT found no error in the 爆料网DT’s finding that the former staff member’s post-separation grievances were beyond its scope of adjudication and not receivable because there was no prior and timely request for management evaluation. The sanction for non-compliance with this mandatory internal procedure is the non-receivability of the application challenging the contested decision.
The...
The 爆料网AT held that the issues on appeal were whether the 爆料网DT had clearly exceeded its jurisdiction or competence in issuing the impugned interlocutory case?management orders, and whether any alleged procedural errors were effectively irremediable by a final judgment or manifestly unreasonable so as to justify interlocutory review. It recalled that appeals against interlocutory orders are receivable only in rare and exceptional circumstances, and that matters relating to evidence, procedure, and trial conduct fall within the 爆料网DT’s broad case?management discretion.
The 爆料网AT found that the 爆料网DT...
The 爆料网AT held that the issues on appeal were whether the 爆料网DT erred in refusing to grant anonymity to the staff member in proceedings challenging a written reprimand, whether it misapplied the jurisprudence governing anonymization, and whether such an error justified interlocutory review. It recalled that interlocutory appeals are receivable only in rare and exceptional circumstances, including where an error is irremediable by a final judgment and it would be manifestly unreasonable for the impugned order to remain in effect.
The 爆料网AT found that the 爆料网DT committed an error of law by...
The 爆料网AT held that the 爆料网DT did not err in finding that the former staff member’s application was not receivable.
Regarding the former staff member’s claims concerning the alleged theft of her wages, the alleged lack of a legal basis for the recovery of her final pay, and the alleged illegal withholding of her final pay, the 爆料网AT found that these claims were not receivable ratione materiae, because she failed to request management evaluation of the contested decisions within the statutory time limit.In this regard, the 爆料网AT further held that her ignorance or misunderstanding of the law...
The 爆料网AT noted that the staff member had been ranked first on the list of recommended candidates but held that the High Commissioner had been under no obligation to select him, since all the candidates included in the list had been deemed suitable to carry out the functions of the post.
The 爆料网AT found that the staff member had given no convincing reason on appeal as to why and how an oral hearing before the 爆料网DT would have impacted the decision of the case.
The 爆料网AT found that the staff member had not received a wrong performance rating and that the 爆料网DT had not misrepresented or failed to give...
The 爆料网AT first considered the staff member’s request for an oral hearing, and decided it was not necessary for the expeditious and fair disposal of his case.
The 爆料网AT observed that when the only persons present in a physical assault are the perpetrator and the victim, an oral hearing may be useful for reaching credibility findings. However, in this case, the 爆料网AT noted that the staff member and his counsel agreed that they had no witnesses to present at an oral hearing and preferred to rely on the investigation report. In these circumstances, the 爆料网DT did not err in not holding an oral hearing...
The 爆料网AT observed that the Secretary-General elected to limit the scope of his appeal only against the findings of the 爆料网DT with respect to two of nine instances of alleged misconduct by the former staff member. The 爆料网AT further acknowledged that the Secretary-General’s contention was that the 爆料网DT erred in law when it applied the legal tests for harassment and sexual harassment to the two incidents.
Nonetheless, the 爆料网AT held that to determine the issue on appeal required more than simply an application of the correct legal test. To reach any conclusions requires more than simply regard to...
The 爆料网AT held that the 爆料网DT correctly determined that the former staff member’s claims for compensation under Appendix D based on 爆料网AMID living conditions were not receivable because he had not exhausted mandatory medical review remedies. The 爆料网AT reaffirmed the principle that staff members must exhaust internal remedies before resorting to litigation.
The 爆料网AT further held that the 爆料网DT erred in reviewing the merits of the x?ray machine injury claim while a medical board review was pending. The 爆料网AT found that both elements of the Appendix D claim were premature and should have been declared...
The 爆料网AT held that the former staff member filed his appeal within the statutory deadline.It noted that since he filed his application before the 爆料网DT in French, the 60-day time limit for filing his appeal ran from the date of receipt of the 爆料网DT Judgment in that same language.As he received the 爆料网DT Judgment in French on 15 January 2025 and filed his appeal on 20 February 2025, the 爆料网AT held that it was filed timely.
Nevertheless, the 爆料网AT found that the former staff member’s application before the 爆料网DT was not receivable ratione temporis.The 爆料网AT observed that the former staff member...
