蘑菇视频

Judge Painter

Judge Painter

Showing 41 - 60 of 62
2011-蘑菇视频AT-130, Koda

蘑菇视频AT affirmed the 蘑菇视频DT judgment. 蘑菇视频AT held that OIOS operates under the “authority” of the Secretary-General but has “operational independence”. 蘑菇视频AT further noted that, insofar as the contents and procedures of an individual report are concerned, the Secretary-General has no power to influence or interfere with OIOS. 蘑菇视频AT held that 蘑菇视频DT also has no jurisdiction to do so, as it can only review the Secretary-General’s administrative decisions. 蘑菇视频AT, however, noted that to the extent that any OIOS decisions are used to affect staff members’ terms or contract of employment, OIOS’ reports may be...

2011-蘑菇视频AT-127, Luvai

蘑菇视频AT considered the application for revision of judgment No. 2010-蘑菇视频AT-014 by Mr Luvai. 蘑菇视频AT considered the allegation that the Legal Officer who was assigned to the case before 蘑菇视频DT was a Facebook “friend” of Judge Boolell, the then 蘑菇视频DT President, and of a few other people who could have been tangentially involved in the issues of the underlying dispute and that Judge Boolell somehow influenced the judge sitting on the instant case to rule improperly. 蘑菇视频AT held that Mr Luvai offered not a shred of proof of anything improper. 蘑菇视频AT denied the application.

2011-蘑菇视频AT-117, Lutta

The Appellant appealed the amount of compensation awarded for loss of chance. 蘑菇视频AT noted that there was no set way for the trial court to set damages for loss of chance of promotion and that each case turned on its facts. 蘑菇视频AT noted that it would generally defer to the trial court’s discretion. 蘑菇视频AT did not accept the Appellant’s argument that the trial court was required to assess the percentage chances that he would have been selected: 蘑菇视频AT held that while it had approved that procedure as one method of assessing damages, it respected the opinion of the trial judge as to how to determine...

2011-蘑菇视频AT-107, Chen

蘑菇视频AT considered an appeal by the Secretary-General and a cross-appeal by Ms Chen. 蘑菇视频AT held that the principle that everyone, without any discrimination, has the right to equal pay for equal work (Article 23(2) of the Universal Declaration of Human Rights) applies to 蘑菇视频 staff. 蘑菇视频AT held that budgetary considerations could not trump the requirement of equal treatment. 蘑菇视频AT declined to grant the relief sought by Ms Chen in her cross-appeal on the basis that 蘑菇视频DT awarded damages from the correct date. 蘑菇视频AT held that the Administration’s allegation that 蘑菇视频DT usurped the Secretary-General’s...

2011-蘑菇视频AT-101, Mezoui

蘑菇视频AT had before it: an application for interpretation of judgment No. 2010-蘑菇视频AT-043 on the issue of to which 蘑菇视频DT Registry 蘑菇视频AT remanded Ms Mezoui’s case; two appeals from 蘑菇视频DT Order Nos. 71 (GVA/2010) and 73 (GVA/2010); and a motion for joinder and fast-track hearing. 蘑菇视频AT held that the application for interpretation was a ruse to have 蘑菇视频AT interfere with 蘑菇视频DT’s assignment of venue. 蘑菇视频AT held that venue was a matter for the trial court’s discretion, with which it would not interfere. 蘑菇视频AT held that it would not, generally, entertain interlocutory appeals. 蘑菇视频AT denied the application for...

2011-蘑菇视频AT-103, Abboud

蘑菇视频AT held that 蘑菇视频DT has the power to, as it did, refer a matter to the Secretary-General for investigation under Article 10(8) of the 蘑菇视频DT Statute. 蘑菇视频AT dismissed the appeal and held that all language in the 蘑菇视频DT judgment was obiter dictum or surplusage, except for the order itself, which 蘑菇视频AT affirmed in its entirety.

Accountability Referral: The 蘑菇视频AT affirmed the 蘑菇视频DT referral for possible action to enforce accountability.

2010-蘑菇视频AT-094, Sina

蘑菇视频AT considered an appeal by the Secretary-General. 蘑菇视频AT held that it would not approve the award of compensation when absolutely no harm had been suffered. 蘑菇视频AT agreed with the 蘑菇视频DT that a staff member had the right to be informed of administrative decisions affecting them, however, 蘑菇视频AT held that a few days lapse was inconsequential and, in the matter before it, had no consequences. 蘑菇视频AT vacated the part of the 蘑菇视频DT judgment awarding compensation.

2010-蘑菇视频AT-089, Cabrera

蘑菇视频AT held, in agreement with 蘑菇视频DT, that: the Appellant was properly subjected to a disciplinary hearing; the disciplinary procedures operated fairly; the Appellant disclosed his part in the events at a time when he had no option but to do so; the Appellant did not report the fact he received the hospitality from a vendor; the Appellant substantially admitted the allegations; the Appellant put at risk the reputation and standing of the 蘑菇视频 Procurement Division; there was sufficient material before the Secretary-General, after a fair and impartial investigation, and having regard to the Appellant...

2010-蘑菇视频AT-078, Zhang

蘑菇视频AT noted that, even though it found the case non-receivable, 蘑菇视频DT undertook a final review of the Appellant’s allegations and that the case failed on the facts. 蘑菇视频AT held that 蘑菇视频DT did not err in finding that the decisions contested in the application, namely that the matters contested did not constitute administrative decisions and therefore her application was not receivable. 蘑菇视频AT held there was no basis to disagree with 蘑菇视频DT. 蘑菇视频AT dismissed the appeal.

2010-蘑菇视频AT-075, Saka

蘑菇视频AT held that none of the reasons for the delay asserted by the Appellant justified a 17-month late appeal. 蘑菇视频AT held that it would consider only the time issues because the case was so clearly out of time. 蘑菇视频AT held that any alleged error by 蘑菇视频DT in considering the merits was moot. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.

2010-蘑菇视频AT-068, Appellant

蘑菇视频AT held that the Appellant filed her claim against the wrong entity (the Secretary-General) when her case was, in actual fact, against 蘑菇视频RWA. 蘑菇视频AT held that the claim was time-barred. 蘑菇视频AT held that the appeal to JAB was also out of time. 蘑菇视频AT dismissed the appeal.

2010-蘑菇视频AT-063, Costa

蘑菇视频AT referenced the Shanks jurisprudence (judgment No. 2010-蘑菇视频AT-026bis) where it held that the authority of a final judgment - res judicata - cannot be so readily set aside. 蘑菇视频AT noted that there are only limited grounds as enumerated in Article 11 of the 蘑菇视频AT Statute for review of a final judgment and an allegation of an error in law is not one of them. 蘑菇视频AT dismissed the application to set aside and remand the previous judgment.

2010-蘑菇视频AT-061, Syed

蘑菇视频AT held that there was no dispute that the Appellant had a fixed-term appointment, which had no expectancy of renewal or of conversion to any other type of appointment. 蘑菇视频AT held that 蘑菇视频DT had correctly dismissed most of the allegations brought by the Appellant since he had failed to raise them in a request for administrative review or management evaluation. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.

2010-蘑菇视频AT-056, Shakir

蘑菇视频AT concurred with 蘑菇视频DT that the case was time-barred and not receivable. 蘑菇视频AT noted that, while the Appellant referred to an accident that prevented her from filing on time, she did not mention this to 蘑菇视频DT and raised it for the first time before 蘑菇视频AT. 蘑菇视频AT held that, while Article 2. 5 of the 蘑菇视频AT Statute allows it to admit further evidence in exceptional circumstances, it would not admit evidence that was known to the party and could have been presented to 蘑菇视频DT. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.

2010-蘑菇视频AT-043, Mezoui

蘑菇视频AT held that the Appellant was caught in the transition between the old and new internal justice systems. 蘑菇视频AT noted that the Appellant had requested an extension of the time limit to file an application with the former Administrative Tribunal and that it was questionable if anyone could have granted an extension since the new 蘑菇视频DT had not officially started and the former Administrative Tribunal was winding down. 蘑菇视频AT, therefore, held that the case should be remanded to 蘑菇视频DT for consideration on merits. 蘑菇视频AT upheld the appeal, vacated the 蘑菇视频DT judgment, and remanded the case to 蘑菇视频DT for a...

2010-蘑菇视频AT-036, Costa

蘑菇视频AT held, noting that the Appellant relied on the 蘑菇视频DT Rosca jurisprudence (judgment No. 蘑菇视频DT/2009/052) in her request for 蘑菇视频DT to waive the time limits for management evaluation, that the plain language of Article 8. 3 of the 蘑菇视频DT Statute could not be disregarded. 蘑菇视频AT approved judgment No. 蘑菇视频DT/2009/051 as the law on this issue and disapproved the interpretation of 蘑菇视频DT in Rosca. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频DT judgment.

2010-蘑菇视频AT-028, Maslamani

蘑菇视频AT held that (1) the Commissioner-General has broad discretionary authority in disciplinary matters; (2) the facts on which the Appellant’s termination was based were established; (3) the established facts legally amounted to serious misconduct; and (4) there was no substantive or procedural irregularity. 蘑菇视频AT further held that the Appellant’s termination was legal and not disproportionate to the offenses. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频RWA decision.

2010-蘑菇视频AT-016, Tebeyne

蘑菇视频AT considered the appeal and affirmed 蘑菇视频JSPF’s decision. 蘑菇视频AT found that 蘑菇视频JSPF submitted credible evidence that demonstrated that the Cameroon divorce decree was invalid and that the deceased at no time commenced proceedings to dissolve his marriage to his first wife apart from the USA divorce proceedings, which were terminated by his death. In drawing this conclusion, 蘑菇视频AT found it unnecessary to address the additional reliefs sought by the Appellant. 蘑菇视频AT accordingly affirmed 蘑菇视频JSPF’s decision to award the widow’s benefit to the former staff member’s first wife and denied all reliefs...