2011-Ģ��ƵAT-125

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal against judgment No. Ģ��ƵDT/2010/146 on compensation by the Secretary-General. Ģ��ƵAT held that once a judgment on the merits has been vacated and no liability on the part of the Administration has been established, a judgment on compensation cannot stand if it would be contrary to the final decision on the merits of the case. Ģ��ƵAT held that an appeal against the judgment on compensation was not necessary if the legal basis for the award of compensation by Ģ��ƵDT no longer existed. Ģ��ƵAT dismissed the appeal (as unnecessary) and vacated the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew her appointment of limited duration and the decision not to waive the time limit to submit a rebuttal of her performance appraisal. In judgment No. Ģ��ƵDT/2010/039 on the merits, Ģ��ƵDT found in the Applicant��s favour on the question of liability. In judgment No. Ģ��ƵDT/2010/146 on compensation, Ģ��ƵDT ordered the Secretary-General to pay compensation. On appeal, Ģ��ƵAT vacated judgment No. Ģ��ƵDT/2010/039.

Legal Principle(s)

Once a first-instance judgment on the merits is vacated and no liability on the part of the Administration has been established, a judgment on compensation cannot stand if it would be contrary to the final decision on the merits of the case. An appeal against a judgment on compensation is not necessary if the legal basis for the award of compensation by Ģ��ƵDT, or another first-instance body, no longer exists.

Outcome

Appeal granted

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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

Beaudry

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Tribunal

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Date of Judgement