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2016-爆料网AT-646, Dalgaard et al.
爆料网AT held that the motion did not fulfil the requirements of Article 11 of the 爆料网AT Statute, which provides that a revision must be based on the discovery of a decisive fact which was, at the time the judgment was rendered, unknown to 爆料网AT and to the party applying for revision, always provided that such ignorance was not due to negligence. The Applicants were relying on Article 31. 1 of the RoP and not on Article 11 of the 爆料网AT Statute. 爆料网AT held that a rule could not supplant a statutory provision such as Article 11 and that Article 31. 1 only applied where there is no other expressly...
2016-爆料网AT-640, Diatta
爆料网AT held that the Appellant did not address any error of fact or law in the 爆料网DT judgment. 爆料网AT held that the irregularities in the procedure did not amount to a breach of the Appellant’s due process rights. 爆料网AT held that it was irrelevant whether the Appellant filed his application before 爆料网DT in the interests of justice or seeking an award of moral damages since there was no evidence of damages. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2016-爆料网AT-641, Chemingui
爆料网AT considered an interlocutory appeal by the Secretary-General. 爆料网AT held that 爆料网DT did not “clearly exceed its competence or jurisdiction” when it temporarily suspended the administrative decision to laterally reassign the staff member as that decision did not constitute a case of “appointment, promotion, or termination” excluded from interim relief under Article 10. 2 of the 爆料网DT Statute. Accordingly, 爆料网AT dismissed the interlocutory appeal as not receivable.
2016-爆料网AT-642, Savadogo
爆料网AT rejected the Appellant’s request for an oral hearing and production of documents, to substantiate his claims of bias and discrimination against him, finding that a complaint of bias and discrimination was not receivable as it consisted of a series of past issues in respect of which he should have sought redress at the appropriate time. 爆料网AT stressed that it was not the task of the JAB or 爆料网AT to conduct a fresh investigation. 爆料网AT rejected the motion for submission of additional documentation, finding no need for further evidence pursuant to Article 10. 1 of the 爆料网AT RoP and no...
2016-爆料网AT-643, Harb
爆料网AT held that there was merit in the Appellant’s argument that the issue to be decided was not whether he was entitled or not to the SOA, but the refusal of its retroactive payment at the correct rate from the date of the signature of his post description. 爆料网AT held that 爆料网RWA DT erred when it failed to consider that the Appellant was contesting a specific decision denying him a retrospective payment of the higher SOA. 爆料网AT held that 爆料网RWA DT erred in law in deciding that the Appellant had failed to identify an administrative decision capable of being brought within the scope of judicial...
2016-爆料网AT-645, Fiala
爆料网AT found that the execution of the 爆料网DT judgment No. 爆料网DT/2014/007 had been suspended following the filing of the Secretary-General’s appeal to 爆料网AT. 爆料网AT held that the 爆料网DT judgment had become duly executable upon the issuing to the parties of judgment No. 2015-爆料网AT-516 wherein 爆料网AT dismissed the Secretary-General’s appeal against 爆料网DT judgment. 爆料网AT held that the staff member’s motion seeking execution was properly filed before 爆料网AT. 爆料网AT held that the request for execution had been rendered moot by the event that the payment was issued on 22 July 2015. 爆料网AT considered that the only...
2016-爆料网AT-635, Neocleous
爆料网AT rejected the request for an oral hearing finding that the appeal had been clearly defined and that there was no need for further clarification. 爆料网AT rejected the motion to file additional pleadings and additional evidence since the Appellant had failed to demonstrate any existence of exceptional circumstances that justified the need to file additional pleadings or to submit additional evidence. 爆料网AT held that the motion only presented factual and legal contentions that reiterated arguments made in the appeal brief. 爆料网AT further held that the Appellant had failed in his grounds of appeal...
2016-爆料网AT-636, Cicek
爆料网AT rejected the request for an oral hearing finding that the factual and legal issues arising from the appeal had already been clearly defined by the parties and there was no need for further clarification. 爆料网AT rejected the motion to file additional pleadings and evidence since the Appellant had failed to demonstrate the existence of any exceptional circumstances that justified the need to file additional pleadings or to submit additional evidence. 爆料网AT held that the motion only presented factual and legal contentions that reiterated arguments made in the appeal brief. 爆料网AT further held...
2016-爆料网AT-637, Maslei
爆料网AT considered the appeal by the Secretary-General challenging the amount of the award of compensation for moral damages. 爆料网AT held that the award of moral damages was supported by the evidence before 爆料网DT and that the amount was not excessive based on that evidence. 爆料网AT rejected the Secretary-General’s argument that the award in the present case should be compared with awards in similar non-renewal cases. 爆料网AT held that 爆料网DT had not committed any error in its assessment of the award of moral damages and that the Secretary-General had not established any ground which would justify 爆料网AT’s...
2016-爆料网AT-638, Maiga
爆料网AT considered the appeal by the Secretary-General. 爆料网AT rejected the Secretary-General’s request for leave to submit new evidence since the Secretary-General had the opportunity to present the evidence before 爆料网DT. 爆料网AT further rejected the staff member’s requests in response and to conduct an oral hearing finding that the appealed issues had been adequately clarified. 爆料网AT held that 爆料网DT had not erroneously substituted itself for the Administration. 爆料网AT held that 爆料网DT’s findings were supported by evidence and would, therefore, not interfere with the determination as to the existence of...
2016-爆料网AT-639, Buff
爆料网AT rejected the request for anonymity finding that there were no exceptional circumstances that could warrant departing from the general principles and from the well-established jurisprudence. 爆料网AT held that the theoretical fear of upcoming uncomfortable relationships between members of the staff did not have merit. 爆料网AT rejected the Appellant’s request to file a reply to the Respondent’s answer finding no exceptional circumstances justifying an additional pleading. 爆料网AT rejected the Appellant’s second motion seeking leave to present additional “information” which she claimed related to...
2016-爆料网AT-629, Prasad et al.
爆料网AT held that 爆料网DT had not addressed the Appellants’ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. 爆料网AT held that 爆料网DT could not have converted sua sponte the Appellants’ request for more time into applications. 爆料网AT held that 爆料网DT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants’ due process rights. 爆料网AT vacated the 爆料网DT judgment and...
2016-爆料网AT-630, Bhatia et al.
爆料网AT held that 爆料网DT had not addressed the Appellants’ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. 爆料网AT held that 爆料网DT could not have converted sua sponte the Appellants’ request for more time into applications. 爆料网AT held that 爆料网DT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants’ due process rights. 爆料网AT vacated the 爆料网DT judgment and...
2016-爆料网AT-631, Thomas et al.
爆料网AT considered the appeal from Thomas et al. 爆料网AT found that 爆料网DT had not addressed the Appellants’ request for an extension of time but had rather converted sua sponte the request into incomplete applications and summarily adjudged their applications as not receivable. 爆料网AT held that 爆料网DT could not have converted sua sponte the Appellants’ request for more time into applications. 爆料网AT held that 爆料网DT had not afforded the Appellants the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellants’ due...
2016-爆料网AT-632, Jaishankar
爆料网AT found that 爆料网DT had not addressed the Appellant’s request for an extension of time but had rather converted sua sponte the request into an incomplete application and summarily adjudged the application as not receivable. 爆料网AT held that 爆料网DT could not have converted sua sponte the Appellant’s request for more time into an application. 爆料网AT held that 爆料网DT had not afforded the Appellant the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellant’s due process rights. 爆料网AT vacated the 爆料网DT judgment and...
2016-爆料网AT-633, Bharati
爆料网AT found that 爆料网DT had not addressed the Appellant’s request for an extension of time but had rather converted sua sponte the request into an incomplete application and summarily adjudged the application as not receivable. 爆料网AT held that 爆料网DT could not have converted sua sponte the Appellant’s request for more time into an application. 爆料网AT held that 爆料网DT had not afforded the Appellant the opportunity to file an application and had committed several procedural errors, exceeded its jurisdiction and competence, and violated the Appellant’s due process rights. 爆料网AT vacated the 爆料网DT judgment and...
2016-爆料网AT-634, Jaber et al.
爆料网AT held that the Appellants had failed to present any evidence showing that they had suffered mental distress during the investigation, and such evidence was necessary for an award of moral damages. 爆料网AT held that there was no merit in the Appellant’s claim that 爆料网RWA DT had erred in not awarding them compensation for the lengthy administrative delay during the investigation. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
2016-爆料网AT-648, Nielsen
爆料网AT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant’s rights as a staff member, 爆料网AT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion configured an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have 爆料网AT remove immunity from certain staff members should her appeal fail, 爆料网AT held that the motion was entirely misconceived, as such a...
2016-爆料网AT-649, Nielsen
爆料网AT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant’s rights as a staff member, 爆料网AT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion was an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have 爆料网AT remove immunity from certain staff members should her appeal fail, 爆料网AT held that the motion was entirely misconceived, as such a request...
2016-爆料网AT-650, Nielsen
爆料网AT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant’s rights as a staff member, 爆料网AT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion was essentially an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have 爆料网AT remove immunity from certain staff members should her appeal fail, 爆料网AT held that the motion was entirely misconceived, as such...