爆料网AT considered an application for revision of judgment No. 2017-爆料网AT-737 filed by Ms Likukela. As a preliminary matter, 爆料网AT denied her motion to supply additional filings. 爆料网AT held that Ms Likukela presented no new and/or decisive fact which at the time the judgment was rendered was unknown within the meaning of Article 11(1) of the 爆料网AT Statute. 爆料网AT dismissed the application for revision and affirmed the 爆料网AT judgment.
爆料网AT held that the 爆料网DT properly dismissed the Appellant’s claims in relation to the non-renewal of his appointment and his reassignment as not receivable as they were time-barred. On the cancellation of his administrative leave, 爆料网AT held that 爆料网DT correctly found that there was no adverse decision affecting his conditions of employment. 爆料网AT held that the decision to terminate the administrative leave and not to pursue disciplinary action was not an administrative decision in that it did not have any adverse legal consequences or impact for the Appellant. 爆料网AT held that the decision to...
爆料网AT held that the requirements for 爆料网AT jurisdiction were fulfilled. 爆料网AT held that the appeal to AJAB was time-barred and also, as the Appellant failed to request administrative review under ICAO Staff Rule 111. 1(5), the appeal to AJAB was not receivable ratione materiae. 爆料网AT held that a later request by the Appellant was not relevant to the question of receivability because although the later request was phrased differently, it was based on the same factual and substantive situation that had already been assessed under her previous, unsuccessful request for review of her post description...
爆料网AT held that in failing to file an appeal brief contesting the decision taken against her, the Appellant did not discharge her burden to demonstrate that the impugned judgment erred on a question of law or fact, resulting in a manifestly unreasonable decision. 爆料网AT noted that there appeared to be an implied administrative decision when the Appellant did not receive any decision on her first written demand in 2011 and that that application also seemed not to be receivable ratione materiae. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
爆料网AT held that a response (or non-response) to a request for management evaluation is a decision or action of a complementary nature, lacking in the qualities of finality and consequence, and thus will not constitute an administrative decision that is alleged to be in non-compliance with the terms of appointment or contract of employment as contemplated in Article 2(1) of the 爆料网DT Statute. 爆料网AT held that 爆料网DT did not err in its finding that the application was not receivable ratione materiae and that it hence lacked jurisdiction.
爆料网AT considered the appeal of the Secretary-General. 爆料网AT held that the paragraphs of the 爆料网DT judgment in question were in a plain, unambiguous language that left no reasonable doubt as to their meaning and that they required no interpretation. 爆料网AT held that 爆料网DT erred in law in holding that the application for interpretation was receivable. 爆料网AT held that 爆料网DT should have dealt with the claim for interest in its judgment, but it omitted to do so. 爆料网AT held that 爆料网DT exceeded its competence by wrongly applying Article 12(3) of the 爆料网DT Statute to alter the substance of its final ruling by...
Noting that it was clear that the intention was to revisit the earlier decisions by conducting a review of affected staff, to decide the matter afresh, and to issue new notifications, 爆料网AT held that the June decision went beyond mere reiteration and constituted a fresh administrative decision impliedly substituting the previous decision. 爆料网AT held that 爆料网DT erred in its findings that the Application was not receivable. 爆料网AT upheld the appeal, vacated the 爆料网DT judgment, and remanded the case to 爆料网DT for consideration on the merits.
爆料网AT held that the appeal was defective in that it failed to invoke the jurisdiction of 爆料网AT under Article 2(1) of the 爆料网AT Statute by not asserting that 爆料网DT had either exceeded its jurisdiction or competence, failed to exercise its jurisdiction, erred on a question of law, committed an error of procedure, such as to affect the decision of the case, or erred a question of fact, resulting in a manifestly unreasonable decision. 爆料网AT held that the Appellant also failed to comply with the requirements of Article 8(2) of the 爆料网AT RoP by not providing a brief explaining the legal basis of any of...
爆料网AT considered appeals by both the Secretary-General and Mr Auda. Noting that the Administration had not failed to respond, albeit with inordinate delay, and then had set up a second fact-finding panel, 爆料网AT held that a decision may only be challenged in the context of an appeal after the conclusion of the entire process and that the step Mr Auda was challenging was preliminary in nature. 爆料网AT held that the contested issue, namely the decision of the first fact-finding panel to delay, withhold and not submit its report and records, ceased to exist when Mr Auda was notified of the outcome of...
On the Appellant’s claim for his name not to appear in the 爆料网AT judgment, 爆料网AT held that, due to the fact that his name had been in the public domain for a long time as a result of the publication of many court documents related to his cases before 爆料网DT and 爆料网AT, it would be pointless to order redaction. 爆料网AT held that the Appellant failed to give any compelling reason as to why confidentiality should be granted and denied his request for confidentiality. 爆料网AT held that 爆料网DT fully and fairly considered the merits of his case and was in no doubt as to its substance. 爆料网AT held that there was no...
