爆料网

Reason(s)

  • Arbitrary or improper motive
  • Burden of proof
  • No expectancy of renewal
  • Reason(s)
    • Showing 41 - 50 of 95
    2019-爆料网AT-950, Diop

    爆料网AT held that the case was fully and fairly considered by 爆料网DT. 爆料网AT found no error of law or fact in the 爆料网DT decision. 爆料网AT held that 爆料网DT thoroughly considered the material facts of the case at issue and found that the qualification the Appellant had attained was not the equivalent of the required first-level university degree. 爆料网AT held that there was no error of fact resulting in a manifestly unreasonable decision. 爆料网AT held that the 爆料网DT conclusions were consistent with the evidence and that the Appellant did not put forward any persuasive grounds to warrant interference by 爆料网AT. 爆料网AT...

    2019-爆料网AT-916, Agha

    爆料网AT held that the 爆料网DT finding that the non-renewal decision constituted a separation decision for abandonment of post was not supported by the evidence and was, therefore, an error in fact and in law. 爆料网AT held that the evidence clearly established that the non-renewal decision was solely based on the Appellant’s unauthorised absence from duty. 爆料网AT held that 爆料网DT erred in law in distinguishing Abdallah (judgment No. 2010-爆料网AT-091) from the present case. 爆料网AT held that there was overwhelming evidence that the Applicant did not meet his burden of proving that the Administration did not act...

    2020-爆料网AT-1043, Loose

    The Secretary-General appealed the 爆料网DT judgment as it related to the non-renewal decision only. 爆料网AT held that a shifting onus of proof was appropriate where the non-renewal decision was based on a lack of funds. 爆料网AT found nothing objectionable with the 爆料网DT’s reference to the burden or onus of proof resting with the Secretary-General in the circumstances of the case. 爆料网AT held that 爆料网DT did not err in concluding that the Secretary-General failed to establish by evidence that the financial situation of the 爆料网 body which had engaged Ms Loose at the time of the separation was still...

    2019-爆料网AT-903, Afeworki

    爆料网AT held that the Appellant did not produce sufficient evidence to support her allegations of bias, discrimination, and/or improper motives. 爆料网AT held that it had examined all of the grounds raised in the appeal and held that there was no evidence that the Administration did not act fairly, justly, and transparently throughout the restructuring process. 爆料网AT held that the Appellant failed to establish any error in law or fact to support her case for a reversal of the 爆料网DT judgment. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

    2019-爆料网AT-902, Nouinou

    The Secretary-General appealed 爆料网DT’s finding that the contested decisions to abolish Ms Nouinou’s post, the consequent decision not to renew her two-year fixed-term appointment, and the refusal to re-assign her for two months under a zero-dollar incumbency, where she had been selected for a short-term position, were unlawful. 爆料网AT held that 爆料网DT made a grave error in law in terms of the basic legal position, which defined the subject of the litigation before it and the appeal. 爆料网AT held that there was no administrative decision to terminate Ms Nouinou’s contract prior to its expiration and...

    2020-爆料网AT-1042, Nugroho

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT was correct in its finding that the decision to terminate the Appellant’s continuing appointment was unlawful as its purported basis (insufficient funds) did not exist. 爆料网AT held that it was not necessary for it to deal with the issue of whether 爆料网DT erred in its finding that the Administration failed to comply with its obligation of retention. 爆料网AT held that the abolition of the post due to financial reasons did not subsist for judicial review. On the Secretary-General’s argument that 爆料网DT had erred in finding Mr Nugroho...

    2020-爆料网AT-1068, Porras

    爆料网AT held that as allegations of improper motive, bias, or prejudice as reasons for the unlawfulness of the non-renewal were not raised before 爆料网DT for its consideration, 爆料网AT should not consider them. 爆料网AT held that the exceptional circumstances that were required to allow additional pleadings to be considered, were not present. 爆料网AT held that 爆料网DT erred in finding that the Organisation properly exercised its discretion in not renewing the Appellant’s fixed-term appointment. 爆料网AT held that, in situations of a staff member being declared persona non grata by a host country, it was the duty of...

    2020-爆料网AT-1017, Salhi et al

    As a preliminary matter, 爆料网AT held that 爆料网RWA DT exercised its discretion in consolidating the cases lawfully and appropriately. 爆料网AT held the impugned decision was taken in good faith and on a reasonable basis. 爆料网AT held that there was a bona fide reason to restructure and that it was operationally rational not to renew certain fixed-term appointments on a full-time basis but to reclassify them to part-time appointments. 爆料网AT held that the Appellants’ claim that their acquired rights were violated was without merit. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.

    2021-爆料网AT-1163, Beatriz Fernandez Carrillo

    爆料网AT held that the Appellant did not meet the burden of showing that the 爆料网DT Judgment was defective on the grounds outlined in Article 2(1) of the 爆料网AT Statute. 爆料网AT held that 爆料网DT fully and fairly considered the Appellant’s allegations and there was no error of law or fact in the 爆料网DT Judgment. 爆料网AT held that there was no evidence that the Appellant’s gender or status of being on maternity leave factored into the decision not to renew her contract. 爆料网AT held that the reasons proffered by the Administration for not renewing the Appellant’s fixed-term appointment, namely the lack of funding...