2010-Ģ��ƵAT-076

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General limited to the question of compensation. On the issue of the Secretary-General��s appeal being time-barred, as raised by Mr. Kasyanov, Ģ��ƵAT held that Ģ��ƵDT��s judgment on merits for the case was not a final judgment; while it made substantive findings, it left the issue of remedy to be resolved in the future. Ģ��ƵAT held that the Ģ��ƵDT judgment on merits only became final when Ģ��ƵDT issued the judgment on compensation. Ģ��ƵAT held that, when the judgment on merits was appealed, a party could challenge the judgment on compensation and the judgment on the merits. Ģ��ƵAT held that the same quantum of compensation should be awarded as in Wu (2010-Ģ��ƵAT-042). Ģ��ƵAT granted the appeal in part and modified the Ģ��ƵDT judgment by reducing the compensation awarded by Ģ��ƵDT to the equivalent of two months�� net base salary as compensation for the violation of Mr. Kasyanov��s rights during the selection process.

Decision Contested or Judgment/Order Appealed

Mr. Kasyanov contested his denial of a lateral transfer as a 15-day candidate. Ģ��ƵDT found in his favour, awarding compensation.

Legal Principle(s)

A Ģ��ƵDT judgment on the merits which does not conclude on issues of compensation only becomes final, for the purposes of appeal, upon issuance of a judgment on compensation.

Outcome

Appeal granted in part

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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

Kasyanov

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement