Ä¢¹½ÊÓÆµDT/2018/051, Barber
The Tribunal held that the application was moot. At the time the Tribunal issued the judgment, ABCC had already issued its decision and granted the Applicant¡¯s claims. Accordingly, the Application was found not receivable.
Ä¢¹½ÊÓÆµDT/2018/050, Valentine
The Tribunal stressed that the Applicant, contrary to his assertion, was not awarded compensation for loss of earnings. He was awarded material damages for his loss of opportunity.; The Tribunal reviewed the paragraph sought to be interpreted and was of the view that the Judgment was comprehensible and clear. The expression ¡°net base salary¡± was found to be clear and unambiguous and to refer to gross salary minus staff assessment. It does; not include a post adjustment component. The Tribunal also clearly did not provide for the taking into consideration of a possible step increment in the...
Ä¢¹½ÊÓÆµDT/2018/049, Hosang
The Tribunal finds that the application is receivable.
Ä¢¹½ÊÓÆµDT/2018/048, Munyan
Considering that in the circumstances of the case it is in the interest of all parties that the present matter be disposed of as soon as possible, the Tribunal deemed appropriate to rule on the application for revision by summary judgment, in accordance with art. 9 of its Rules of Procedure, without waiting for the Applicant¡¯s reply.; An application for revision is not possible when the judgment in question is subject to appeal; the appropriate avenue for a party to adduce new facts during this period is through appellate proceedings.; Since the judgment was not executable, the Ä¢¹½ÊÓÆµDT found not...
Ä¢¹½ÊÓÆµDT/2018/046, Castelli
The Applicant¡¯s education grant claim for his four-year-old son did not fall under the exception of section 2 of ST/AI/2011/4 Amend 1. To the extent that the entitlement for private tuition in the mother tongue of the; Applicant was part and parcel of the education grant and not separate from it, the Applicant would be entitled to it only where the child in respect of whom he makes the claim is entitled to an education grant. This Tribunal cannot decide as to whether the Applicant ought to have been allowed during the management evaluation process to review any documents and whether failure to...
Ä¢¹½ÊÓÆµDT/2018/047, Khisa
While the Applicant was not required to request management evaluation before filing this application, she was, however, required to file her application with Ä¢¹½ÊÓÆµDT within; 90 calendar days of receiving the contested decision. The Applicant¡¯s 25 March 2018 motion for waiver failed to comply with the stringent requirement pronounced by the Appeal¡¯s Tribunal in Thiam because it was not filed prior to the filing of her substantive application but more than five months after the fact. Additionally, the Applicant¡¯s passing mention of receivability in her 17 October 2017 application cannot be...
Ä¢¹½ÊÓÆµDT/2018/045, Micaletti
1) With regard to Case No. Ä¢¹½ÊÓÆµDT/NBI/2015/058, the Tribunal declined to entertain decisions a, b and c as listed above on the ground that the Applicant had not submitted them for management evaluation as required by the provisions of articles 8.1(c ) and (i) of the Tribunal¡¯s Statute. The only decision under Case No. Ä¢¹½ÊÓÆµDT/NBI/2015/058 that the Tribunal considered was the Respondent¡¯s decision to not provide the Applicant with a copy of the investigation report in the complaint of the physical assault against him. On this issue, the Tribunal found no merit in the Applicant¡¯s case. The Tribunal...
Ä¢¹½ÊÓÆµDT/2018/044, Teo
The Respondent submitted that the case was not receivable ratione materiae as it did not concern an appealable decision, but the Tribunal rejected this claim and found the case receiveable.
Ä¢¹½ÊÓÆµDT/2018/043, Caruso
The Dispute Tribunal found that the Applicant did not manage to lift her burden of proving that the non-renewal of her contract was not due to poor performance and found instead that the decision was lawful.
2018-Ä¢¹½ÊÓÆµAT-837, Isteti
Ä¢¹½ÊÓÆµAT considered the appeal, which was not accompanied by a legal brief explaining the basis of the appeal. Ä¢¹½ÊÓÆµAT noted that the Appellant failed to identify by citation to any provision in Article 2. 1 of the Statute, the grounds for his appeal, and was required to do so. Accordingly, Ä¢¹½ÊÓÆµAT found the appeal to be defective and not allowed. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed Ä¢¹½ÊÓÆµRWA DT¡¯s judgment.