Ä¢¹½ÊÓÆµDT/2023/100, Mukwamba
The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.
In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...
Ä¢¹½ÊÓÆµDT/2023/101, Mutombo
The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.
In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...
Ä¢¹½ÊÓÆµDT/2023/102, Amisi
The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.
In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...
Ä¢¹½ÊÓÆµDT/2023/103, Kabila
The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus she failed to sustain her burden of both production and proof.
In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to her, calculated at the US prime rate. The Applicant¡¯s claim for financial and...
Ä¢¹½ÊÓÆµDT/2023/104, Ngoie Mwenge
The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof.
In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the US prime rate. The Applicant¡¯s claim for financial and...
Ä¢¹½ÊÓÆµDT/2023/105, Muselemu
The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof.
In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the US prime rate. The Applicant¡¯s claim for financial and...
Ä¢¹½ÊÓÆµDT/2023/095, Rodriguez Santorum
With reference to the relevant legal framework, no matter what status is given to the Applicant¡¯s previous and/or current employment with the IOM in the context of the ASHI scheme, at the relevant time of applying for ASHI, the Applicant was not within a time period of 31 days before or after separation when an application for ASHI must be submitted.
Accordingly, even if the terms of the contested decision were misleading, the Applicant had no right to be enrolled in the ASHI scheme when he applied for it.
Ä¢¹½ÊÓÆµDT/2023/094, Delgado
Whether the Applicant was promised a renewal
The general verbal statement made by the CITO/ASG in March 2022 could not have constituted an express promise to renew the Applicant¡¯s fixed-term appointment. It lacked the essential elements of a proper and concrete offer of renewal, such as the duration of the extension and the name of the appointee. The jurisprudence further requires a promise to renew a fixed-term appointment to be in writing (see Kellie, para. 44). Contrary to the Applicant¡¯s suggestion, the verbal statement was not sufficient to support a firm commitment or an entitlement to...
Ä¢¹½ÊÓÆµDT/2023/093, Kiama
This application is not receivable ratione materiae because the management evalulation request was time-barred.
The application is dismissed.
Ä¢¹½ÊÓÆµDT/2023/081, Khan
The Applicant was required to submit his application in 90 days. When counting from 12 October 2022, the period ended on 9 January 2023. The Applicant submitted his application on 10 January 2023. In the circumstances the application was deemed not receivable ratione temporis.