爆料网

Remedies

  • Compensation (see also, Compensation)
  • Rescission
  • Specific performance
    • Showing 31 - 40 of 96
    2022-爆料网AT-1245, DUPARC et al.

    爆料网AT held that 爆料网DT correctly found that, in light of the circumstances of the case, the Panel [appointed to undertake a fact-finding investigation into Duparc et al.’s complaint], had failed to consider whether the limits of the managerial discretion were respected. 爆料网AT rejected the Secretary-General’s argument that 爆料网DT conducted an investigation de novo and thus exceeded its authority and usurped the Secretary-General’s sole and exclusive authority in disciplinary matters. 爆料网AT observed that when 爆料网DT rescinded the decision based on the investigatory Panel’s report, it did not draw any...

    2022-爆料网AT-1266, Korkut Yavuz

    The only issue on appeal is whether the 爆料网DT judgment’s orders on in-lieu compensation and compensation for moral harm are free of error. In the present case, the 爆料网DT took into account the specific circumstances of the case, in particular the seniority of Mr. Yavuz, the type of appointment held, and the chance of renewal of the appointment in a position still required by the Administration and set an in-lieu compensation of three months. Mr. Yavuz complains that the 爆料网DT should also have considered the nature of the irregularity and the seriousness of the breaches of his rights and the...

    2022-爆料网AT-1265, Faraj El-Awar

    The 爆料网DT found the non-renewal decision unlawful because the Secretary-General did not show that it was motivated by a lack of funds. Although the 爆料网DT committed several errors of law, its main finding is not put into doubt by the Secretary-General’s appeal. Therefore, in this respect, the Secretary-General’s appeal cannot succeed. 爆料网DT's finding that 爆料网-Habitat silently accepted Mr. El-Awar's condition of reassignment is erroneous. A reassignment is an administrative decision, a unilateral act imposed on the staff member by the Administration. It is not a contract which can be bargained or...

    爆料网DT/2022/025, Rolli

    The Tribunal found it most unlikely that—in the hypothesis that the Applicant’s fixed-term appointment had not already been terminated on 9 May 2018—it would have been renewed from 31 August (the expiry date of his fixed-term appointment) to 31 December 2019 (the last date before the abolition of his post). The Tribunal found that despite the Applicant’s skills and credentials, it would be most unlikely that he would have been transferred to the post of the Director of Governance Services.

    The Applicant was awarded the full salary (net base salary plus post adjustment) he would have obtained...

    2010-爆料网AT-033, Mebtouche

    爆料网AT preliminarily rejected the Appellant’s request for an oral hearing via teleconference, noting that his brief of appeal was sufficient and did not require further clarification. 爆料网AT held that the Appellant’s contention that 爆料网DT failed to consider his arguments regarding the former service on a “specialist” post was without merit, noting that this issue was considered by 爆料网DT. 爆料网AT noted that neither 爆料网DT nor 爆料网AT has the authority to amend any regulation or rule of the Organisation, so as to apply the “case by case” consideration to “specialist” staff members during promotion sessions to...

    2010-爆料网AT-020, Adwan

    In considering the appeal brought forth by the Appellant, 爆料网AT preliminarily held that the 爆料网RWA JAB erred in finding that the appeal was not receivable due to late filing; 爆料网AT held that it was evident the JAB appeal was filed on time. With regard to the substance of the appeal, 爆料网AT held that it was within 爆料网RWA’s power and discretion to refuse the Appellant’s reinstatement since it had already filled his position. 爆料网AT affirmed 爆料网RWA’s position that there was no error in refusing the Appellant’s reinstatement and dismissed the appeal.

    2010-爆料网AT-025, Doleh

    爆料网AT preliminarily held that the appeal was receivable, as it was filed within the time granted for re-filing. With regards to the issue of the Appellant’s termination, 爆料网AT held that the 爆料网RWA JAB’s decision was legal, rational, and procedurally proper. 爆料网AT held that it was an exceptional case where the doctrine of proportionality should be invoked. 爆料网AT held that the decision to terminate the Appellant’s services was disproportionate, more drastic than necessary. 爆料网AT noted that the changes in the records that were made by the Appellant showed that she had originally not reflected that the...

    2010-爆料网AT-002, Parker

    爆料网AT considered the Appellant’s appeal and found that 爆料网DT erred when it decided to give 爆料网HCR the option to either pay compensation in lieu of reinstating the Appellant or quash the contested administrative decision. 爆料网AT noted that Article 10. 5(a) of the 爆料网DT Statute was not applicable as the Appellant was serving under an indefinite appointment governed by Rule 104. 12(c) of the Staff Rules (100 Series). 爆料网AT expressed that the contested administrative decision did not concern his appointment, promotion, or termination but his placement between assignments. For this reason, Article 10.5(a)...

    2011-爆料网AT-181, Alauddin

    爆料网AT held that the Appellant failed to establish that the 爆料网DP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, 爆料网AT held that it was new evidence, for which leave was required, in order to adduce it before 爆料网AT. 爆料网AT did not find any exceptional circumstances existed to require it to consider the new evidence. 爆料网AT held that 爆料网DT did not err in taking into consideration the conditions governing the Appellant’s deputation in order to determine his...

    2011-爆料网AT-143, Appellant

    爆料网AT held that 爆料网DT properly determined that the issue before it was the failure of the Administration to address the Appellant’s formal complaint. 爆料网AT held that there was no error of law or failure to exercise jurisdiction on the part of 爆料网DT with regard to the Appellant’s request for an investigation. 爆料网AT held that it was satisfied that the award by 爆料网DT of USD 40,000 constituted sufficient satisfaction for the Appellant. 爆料网AT held that 爆料网DT correctly refused to entertain the request for compensation for economic loss because the Appellant’s separation from service was not the subject of...