爆料网

Remedies

  • Compensation (see also, Compensation)
  • Rescission
  • Specific performance
    • Showing 41 - 50 of 96
    2011-爆料网AT-125, Beaudry

    爆料网AT considered an appeal against judgment No. 爆料网DT/2010/146 on compensation by the Secretary-General. 爆料网AT held that once a judgment on the merits has been vacated and no liability on the part of the Administration has been established, a judgment on compensation cannot stand if it would be contrary to the final decision on the merits of the case. 爆料网AT held that an appeal against the judgment on compensation was not necessary if the legal basis for the award of compensation by 爆料网DT no longer existed. 爆料网AT dismissed the appeal (as unnecessary) and vacated the 爆料网DT judgment.

    2013-爆料网AT-379, Andersson

    爆料网AT considered the Secretary-General’s appeal. 爆料网AT rejected the Secretary-General’s submission that 爆料网DT erred in “double-counting” by using the same element of Mr Andersson’s high chance of promotion to justify both its award of CHF 10,000 in lieu of rescission, as well as its award of CHF 4,000 for moral damages. The claim for moral damages was related to the reparation of an injury, that could not be regarded as covered by the payment of CHF 10,000 awarded as an alternative to rescission. 爆料网AT also rejected the Secretary-General’s submission that Mr Andersson only fleetingly referred to...

    2013-爆料网AT-350, Farr

    爆料网AT considered an appeal by the Secretary-General limited to 爆料网DT’s competence with regards to the nature of the redress granted to Ms Farr. 爆料网AT held that 爆料网DT exceeded its competence in ordering that Ms Farr’s name be placed on the roster because the legal consequence of the annulment of the selection procedure was restricted to placing the staff member in the same position she would have been in if the illegality had not occurred. 爆料网AT held that, to afford Ms Farr proper redress, she should be allowed to take a second oral exam in French, with adequate assurances concerning the...

    2014-爆料网AT-448/Corr.1, Terragnolo

    爆料网AT considered the Secretary-General’s appeal and Mr Terragnolo’s cross-appeal, noting that only the compensation awarded by 爆料网DT was being contested. With respect to the Secretary-General’s appeal, 爆料网AT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. 爆料网AT noted that the impugned judgment followed 爆料网AT’s jurisprudence, but 爆料网DT’s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. 爆料网AT held that due...

    2014-爆料网AT-448, Terragnolo

    爆料网AT considered the Secretary-General’s appeal and Mr Terragnolo’s cross-appeal, noting that only the compensation awarded by 爆料网DT was being contested. With respect to the Secretary-General’s appeal, 爆料网AT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. 爆料网AT noted that the impugned judgment followed 爆料网AT’s jurisprudence, but 爆料网DT’s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. 爆料网AT held that due...

    2014-爆料网AT-430, Diallo

    爆料网AT considered the appeal and allowed it in part. 爆料网AT held that the Appellant’s claim that the AJAB found a series of violations of her rights as a staff member, but had not awarded commensurate compensation, had merit. 爆料网AT held that the IACO breaches identified by the AJAB were fundamental in nature, (i. e. The treating of a temporary assignment as permanent, discrimination of the staff member, failure to make good faith efforts to find alternative positions, and refusing to provide access to personnel and confidential files) and the breach itself gave rise to an award of moral damages by...

    2015-爆料网AT-528, Rantisi

    爆料网AT considered an appeal by the Commissioner-General of the order rescinding the decision to transfer the Appellant and the moral damages award. On the Commissioner-General’s argument that 爆料网DT unduly fettered its discretion to award compensation in lieu of specific performance, 爆料网AT held that, absent any error of law or manifestly unreasonable factual findings, which were not evident, 爆料网AT would not interfere with the discretion vested in 爆料网RWA DT to decide on remedy. 爆料网AT held that, in all of the circumstances of the case, it was not persuaded by the Commissioner-General’s argument that...

    2016-爆料网AT-697, Nwuke

    爆料网AT considered the Secretary-General’s appeal and found that 爆料网DT erred in law and fact by awarding a remedy to Mr Nwuke. 爆料网AT held that the violation of Mr Nwuke’s due process rights did not, in and of itself, entitle him to an award of damages and that there was no evidence of any pecuniary loss or harm suffered by Mr Nwuke as a result of said violation. Moreover, 爆料网AT held that not every violation of a staff member’s right will necessarily lead to an award of compensation and there are no legal grounds that can justify such an award when no actual prejudice is found. 爆料网AT accordingly...

    2016-爆料网AT-691, Krioutchkov

    爆料网AT considered Mr Krioutchkov’s appeal as well as the Secretary-General’s cross-appeal. 爆料网AT preliminarily denied Mr Krioutchkov’s request for an oral hearing after finding that it would not assist in the expeditious and fair disposal of the case. 爆料网AT held that Mr Krioutchkov’s application was receivable by 爆料网DT and noted that, in order to trigger the statutory time limits for each selection decision, it is necessary for the Administration to notify the unsuccessful candidates of the issuance of each of such decisions. To that end, Mr Krioutchkov only learned at the beginning of February...

    2016-爆料网AT-622, Aly et al.

    爆料网AT affirmed 爆料网DT’s rescission of the decision to maintain the classification, reaffirming the right of staff members to request reclassification when the duties and responsibilities of their posts changed substantially as a result of restructuring within their office. However, 爆料网AT reversed 爆料网DT’s order to remand the case to the Administration, stating that a second remand was unviable and unfair having regard to the fact that the protracted classification review process was mainly due to the reluctance and failure of management to follow their own rules, regulations and administrative...