Ä¢¹½ÊÓÆµ

2011-Ä¢¹½ÊÓÆµAT-181

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT held that the Appellant failed to establish that the Ä¢¹½ÊÓÆµDP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, Ä¢¹½ÊÓÆµAT held that it was new evidence, for which leave was required, in order to adduce it before Ä¢¹½ÊÓÆµAT. Ä¢¹½ÊÓÆµAT did not find any exceptional circumstances existed to require it to consider the new evidence. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT did not err in taking into consideration the conditions governing the Appellant¡¯s deputation in order to determine his probable period of appointment with Ä¢¹½ÊÓÆµDP. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT correctly determined that it would not be appropriate to order the Appellant¡¯s reinstatement. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT correctly assessed the compensation for pecuniary damages and declined to enhance the compensation. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew his contract. Ä¢¹½ÊÓÆµDT found that the Secretary-General was in breach of his contractual obligations towards the Applicant (judgment No. Ä¢¹½ÊÓÆµDT/2010/114) and awarded compensation (judgment No. Ä¢¹½ÊÓÆµDT/2010/200).

Legal Principle(s)

Exceptional circumstances are required for Ä¢¹½ÊÓÆµAT to consider additional evidence that was not previously before Ä¢¹½ÊÓÆµDT.

Outcome

Appeal dismissed on merits

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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.