爆料网

Reason(s)

  • Arbitrary or improper motive
  • Burden of proof
  • No expectancy of renewal
  • Reason(s)
    • Showing 31 - 40 of 95
    2014-爆料网AT-411, Igbinedion

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT affirmed 爆料网DT’s decision that the 60 days’ deadline for the staff member to request management evaluation started from 18 March 2011, the date of the impugned decision. 爆料网AT held that the application was, therefore, receivable pursuant to Staff Rule 11. 2(c). 爆料网AT held that 爆料网DT’s finding, that the repeated renewal of appointment and penultimate renewal without a break-in-service with the same conditions of service gave Mr. Igbinedion a legitimate expectation of renewal, was per incuriam and contravened clear and consistent jurisprudence...

    2015-爆料网AT-589, Salem

    爆料网AT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. 爆料网AT held that the procedural errors did not amount to an abuse of power. 爆料网AT held that absent an abuse of power, the compensation for moral damages had to be vacated. 爆料网AT granted the appeal, rejected the cross-appeal, and vacated the 爆料网RWA DT judgment in its entirety.

    2015-爆料网AT-582, Kacan

    爆料网AT held that 爆料网DT’s interpretation of the relevant jurisprudence was correct and that it did not commit any error in law. 爆料网AT held that 爆料网DT took care to examine the evidence in order to ascertain if, in fact, an express promise of renewal had been made to the Appellant. Noting that 爆料网DT was unable to find any such evidence, 爆料网AT held that the Appellant’s submissions regarding his work experience, duties, and responsibilities, functions of his duty station, and his interest in a renewal had no merit as grounds for an expectancy of renewal. 爆料网AT held that it was satisfied that 爆料网DT’s...

    2015-爆料网AT-534, Assale

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT made an error of law when it applied 爆料网ICEF Administrative Instruction CF/AI/2011-001 retroactively to review the non-renewal decision. 爆料网AT held that 爆料网DT erred in law in concluding that it was the duty of the Administration to take measures to remedy failings in performance. 爆料网AT held that 爆料网DT’s conclusion that the non-renewal decision was vitiated by 爆料网ICEF’s failure to take remedial measures to improve Mr Assale’s performance was without legal basis. 爆料网AT held that 爆料网DT erroneously concluded that both the Chad Country...

    2015-爆料网AT-516, Fiala

    爆料网AT considered two appeals by the Secretary-General against Order No. 136 (NBI/2010) and judgment No. 爆料网DT/2014/007. 爆料网AT held that it was not satisfied that the actions of the Secretary-General in filing two appeals amounted to an abuse of process and declined Ms Fiala’s application for an award of costs against the Secretary-General. 爆料网AT held that there was no error of law or fact on the part of 爆料网DT in deeming Ms Fiala’s application receivable. Noting that the weight to be attributed to evidence was a matter for 爆料网DT, 爆料网AT held that the arguments advanced by the Secretary-General did not...

    2016-爆料网AT-637, Maslei

    爆料网AT considered the appeal by the Secretary-General challenging the amount of the award of compensation for moral damages. 爆料网AT held that the award of moral damages was supported by the evidence before 爆料网DT and that the amount was not excessive based on that evidence. 爆料网AT rejected the Secretary-General’s argument that the award in the present case should be compared with awards in similar non-renewal cases. 爆料网AT held that 爆料网DT had not committed any error in its assessment of the award of moral damages and that the Secretary-General had not established any ground which would justify 爆料网AT’s...

    2017-爆料网AT-715, Charot

    On the issue of 爆料网DT’s denial of the Appellant’s request for confidentiality, 爆料网AT held that 爆料网DT did not err in law or fact in denying her request as if confidentiality were attached to the identity of each staff member, there would be no transparency. 爆料网AT did not admit into evidence additional documents as they were of no assistance to it and there were no exceptional circumstances. 爆料网AT held that the Appellant merely gave passing reference to the 爆料网AT Statute’s grounds of appeal and offered no legal authority to support her claims. 爆料网AT agreed with the characterization of the issue by 爆料网DT...

    2018-爆料网AT-882, Rehman

    The Appellant sought an order for reinstatement, an increase in the compensation awarded, and an increase in the amount awarded by 爆料网DT for moral damages. The Appellant also contested the failure 爆料网DT’s failure to make a referral for accountability to the Secretary-General under Article 10(8) of the 爆料网DT Statute. 爆料网AT decided that Article 10(5)(a) of the 爆料网DT Statute, which corresponds to Article 9 (1)(a) of the 爆料网AT Statute, does not confer on the Tribunal the power to enforce the reinstatement of a staff member’s contract in a non-renewal case. 爆料网AT, therefore, held that the Appellant’s...

    2018-爆料网AT-881, Mansour

    爆料网AT considered the content of the Appellant’s appeal, the 爆料网RWA DT judgment, and the Appellant’s request for compensation for material and moral damages and costs. 爆料网AT found that the Appellant’s appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of his appeal. 爆料网AT also held that there was no error in the 爆料网RWA DT’s findings that the Administration’s decision not to confirm the Appellant’s appointment was solely based on his performance and that his allegations of harassment and discrimination...

    2019-爆料网AT-960, Abdeljalil

    爆料网AT held that the Appellant’s case was fully and fairly considered by 爆料网RWA DT. 爆料网AT found no error of law in 爆料网RWA DT’s decision. 爆料网AT held that 爆料网RWA DT properly reviewed the contested decision in accordance with the applicable law. 爆料网AT held that the non-extension of the limited duration contract was a result of the elimination of her post due to a lack of funds, which constituted a valid reason proffered by the Administration for not renewing her appointment. 爆料网AT held that, by applying objective criteria in the reduction of the staffing levels, 爆料网RWA adhered to the principles of equality...