爆料网

Judge Simón

Judge Simón

Showing 141 - 160 of 210
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-442, El-Khalek

爆料网RWA DT considered an appeal by the Commissioner-General. 爆料网AT held that 爆料网RWA DT did not err in fact or in law such as to vitiate its judgment, except with regards to the award of compensation. 爆料网AT held that 爆料网RWA DT did not overstep its role to judicially review the administrative decision imposing a disciplinary measure on the staff member and terminating his appointment. 爆料网AT held that the Administration had failed to demonstrate that the staff member had committed the serious misconduct he had been charged with, because not only did the proceedings fail to provide him with an adequate...

2014-爆料网AT-443, Hunt-Matthes

爆料网AT considered an appeal by the Secretary-General. 爆料网AT noted that it was not disputed that the evidence given by Mr Verwey (a witness called by the staff member) regarding the alleged falsification of allegations of breach of confidentiality by the staff member’s former supervisor and the former Deputy Inspector-General, was not disclosed in Mr Verwey’s summary of evidence. 爆料网AT held that 爆料网DT erred in not attaching any importance to this omission. 爆料网AT held that the summary that was provided was vastly different from the oral evidence given by Mr Verwey. 爆料网AT held that the Secretary-General...

2014-爆料网AT-437, Charles

爆料网AT considered two appeals by the staff member of 爆料网DT Order Nos. 109 and 110. 爆料网AT held that the appeals were receivable because they were addressed against judicial decisions which disposed the cases before 爆料网DT. Finding that the two appeals raised the same legal issues, 爆料网AT consolidated them in the interest of judicial economy and consistency. 爆料网AT held that there was no merit in the Secretary-General’s observations about the non-receivability of the appeals. 爆料网AT held, however, that the motions for reinstatement were in fact non-receivable ab initio. 爆料网AT held that there was no statutory...

2014-爆料网AT-431, Mousa

爆料网AT held that the Appellant had failed to establish any error in fact or law which would warrant the reversal of the 爆料网RWA DT judgment under appeal. 爆料网AT held that 爆料网RWA DT had correctly characterized the contested administrative decision subject to its judicial review as a demotion and subsequent transfer, which was taken after disciplinary proceedings. 爆料网AT held that 爆料网RWA DT had not erred when, after conducting an adequate review of the requirements for the adoption of a disciplinary measure, it concluded that there had been misconduct and that the sanction was legal and proportionate to...

2014-爆料网AT-422, Khisa

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT committed a substantial error in procedure in not granting due process of law to the Administration. 爆料网AT held that the Secretary-General’s argument about the suspension of the deadline for submission of a Reply, on which he relied, was substantiated. 爆料网AT held that 爆料网DT should not have issued a default “Summary judgment” on the merits of the case. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment. The case was remanded to another 爆料网DT Judge to be tried on its merits after both parties have had the opportunity to make...

2014-爆料网AT-420, Oummih

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT erred in excluding documents from the OSF and by ordering compensation for alleged damages not related to any established illegality. 爆料网AT held that, even if the irregularities and delays in the appraisal procedure were so serious that they rendered the … evaluations meaningless, it did not mean that they should not be kept in the OSF. 爆料网AT held that they, together with the corrective substitute reports or decisions, should all be kept in order to explain the whole process. 爆料网AT, therefore, held that 爆料网DT had erred in...

2014-爆料网AT-400, Tadonki

爆料网AT considered an appeal by the Secretary-General. 爆料网AT rejected the request for an oral hearing since the issues for decision had been clearly defined by the parties’ submissions. 爆料网AT held that the Secretary-General had failed to persuade it that 爆料网DT erred on a question of fact resulting in a manifestly unreasonable decision. 爆料网AT held that it was correct to conclude that the Administration had acted unlawfully when it did not renew the staff member’s appointment because there was not enough evidence to support a determination that the staff member had failed to perform his functions. 爆料网AT...

2014-爆料网AT-398, Kamara

爆料网AT held that 爆料网DT had nor erred in law or fact rendering its judgment. 爆料网AT held that the Appellant had failed to persuade the Court that 爆料网DT’s conclusion of fact had rendered the decision unreasonable as required by Article 2 of the 爆料网AT Statute. 爆料网AT held that the evidence clearly supported the finding of gross negligence and loss of property, as well as the existence of the misconduct. 爆料网AT held that there was no due process violation on the part of the Administration for having charged the Appellant with three accounts of misconduct. 爆料网AT held that the misconduct had been established...

2013-爆料网AT-393, Applicant

爆料网AT considered the Applicant’s application for revision of judgment No. 2012-爆料网AT-209. 爆料网AT held that the request filed by the Applicant constituted a disguised way to criticise the judgment or to expose grounds to disagree with it, a recourse against a final judgment that is not provided for in the 爆料网AT Statute. 爆料网AT held that the issuance of another judgment during the same session as which the Applicant’s case was decided did not constitute a new fact, but rather law and that there was no possibility for a revision based on law. 爆料网AT held that the application was submitted almost one year...

2013-爆料网AT-387, Gakumba

爆料网AT considered an appeal by the Secretary-General limited to the matter of compensation. 爆料网AT held that the appeal had to be allowed in part because 爆料网DT erred in setting the compensation in lieu of reinstatement at two years’ net base salary without considering that Mr Gakumba’s previous fixed-term appointments were one year each. 爆料网AT held that the expectancy of renewal could not be fixed beyond such a period and therefore reduced the compensation to one year’s net base salary. 爆料网AT affirmed the 爆料网DT judgment on compensation for non-pecuniary damages and held that no error of law was...

2013-爆料网AT-384, McCluskey

爆料网AT held that 爆料网DT did not commit any error when it determined that the application before it was not receivable as it was time-barred. 爆料网AT noted that it was technically improper for 爆料网DT to analyse the merits of the case after declaring the application time-barred. 爆料网AT held that even if the appeal had been receivable ratione temporis, the Appellant’s claim could not succeed. 爆料网AT held that the Appellant merely made statements and referred to facts that were not timely contested, without providing any evidence or contesting the reasoning of the first instance judgment. 爆料网AT dismissed the...

2013-爆料网AT-382, Adewusi

爆料网AT held that 爆料网DT correctly concluded that the placement of the Appellant on SLWOP enabled him to preserve his pension benefits, granted him the opportunity of remaining a staff member for the purpose of applying as an internal candidate for other positions, and made his relocation possible. 爆料网AT held that there was no abuse of authority or deliberate attempt to harm, as argued by the Appellant, but rather the Organisation adopted a protective approach. Noting that, due to the downsizing exercise related to the Appellant’s post and his reassignment, he was not entitled to SLWFP and his...

2013-爆料网AT-377, Balinge

爆料网AT held that 爆料网DT did not err on questions of fact by ignoring or failing to examine what the Appellant considered to be evidence, which constituted mere allegations and unsubstantiated argumentation on his part. 爆料网AT held that the Appellant did not support his submission by any grounds which would bring the issue within the remit of 爆料网AT. Noting that the Appellant relied upon the statements and observations which he had brought before 爆料网DT, 爆料网AT noted that a litigant’s past allegations and arguments cannot be considered evidence per se. 爆料网AT held that it was not the task of 爆料网DT (or 爆料网AT)...

2013-爆料网AT-378, Ivanov

爆料网AT held that the Appellant had not established any error in fact or law emerging from the impugned judgment. 爆料网AT noted that the Appellant did not challenge the competitive procedure’s final administrative act since he only began to contest the Administration’s actions when the selected candidate was laterally moved, and another rostered candidate was appointed as a replacement. 爆料网AT held that the Appellant’s rights as a staff member were linked to the administrative decision that completed the selection procedure and that, as such, any breach of his rights could only be caused by that...

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...

2013-爆料网AT-351, Ghahremani

爆料网AT considered Mr Gharemani’s request for revision of judgment No. 2011-爆料网AT-171. 爆料网AT held that the request was a disguised way to criticise the judgment or to expose grounds to disagree with it, following a style of cross-reference to other documents that made it mostly incomprehensible and indirectly violated the page limitation for such an application. 爆料网AT held that there was no reason why Mr Gharemani could not have filed his petition for revision within 30 days of the discovery of the facts as provided for in Article 11(1) of the 爆料网AT Statute. 爆料网AT held that the request was time-barred...

2013-爆料网AT-334, Konate

爆料网AT held that, whilst not all the allegations of misconduct with which the staff member was charged were proven, it was established by 爆料网DT that the Appellant failed to apply formal methods of solicitation in respect of contracts, in violation of 爆料网FPA Financial Regulations, Rules and Procurement Procedures and also failed to refer a contract to the 爆料网FPA Headquarters Contracts Review Committee, in violation of further norms. 爆料网AT held that the Appellant had not established any errors of fact or law warranting reversal of the impugned judgment. 爆料网AT held that 爆料网DT correctly declined to accept...