2010-Ģ��ƵAT-048

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General appealed against the Ģ��ƵDT judgment to seek a clarification of the ratio of the judgment with regard to the way in which Ģ��ƵDT had applied the principle of preponderance of evidence and ignored the Secretary-General��s submissions on the basis of ��minimal showing�� that the Applicant had been fairly considered. Ģ��ƵAT held that it would not examine the legal submissions in the appeal since the case had been decided in favour of the Secretary-General. Ģ��ƵAT held that none of the grounds of appeal pleaded was valid under Article 2.1 of the Ģ��ƵAT Statute. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to select him for two P-4 positions of Arabic Reviser. Ģ��ƵDT dismissed the application, holding that the preponderance of evidence demonstrated that the Applicant��s candidature was given full and fair consideration.

Legal Principle(s)

A party in whose favour a case has been decided is not permitted to appeal against the judgment on legal or academic grounds.

Outcome

Appeal dismissed on receivability

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Sefraoui

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement