2012-Ģ��ƵAT-190

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal limited to the claim that Ģ��ƵDT ordered inadequate compensation for the losses he sustained as a result of various acts and omissions on the part of the Administration. Ģ��ƵAT found that Ģ��ƵDT took due regard for the arguments the Appellant brought in his appeal and that Ģ��ƵDT, having regarded the parameters of what it could compensate the Appellant for, made adequate provisions for the Appellant��s economic and social losses in its overall award to him. Ģ��ƵAT dismissed the appeal and upheld the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the refusal to reassign him to another location. He sought retroactive payment of his salary; compensation for service-incurred injuries; an investigation into whether reasons existed for him to fear for his safety in Ethiopia; and an inquiry to determine the circumstances surrounding his arrest and detention, or compensation in lieu. Ģ��ƵDT ordered that the Applicant be paid his withheld salary with interest and an additional six months�� net base salary for various due process failures.

Legal Principle(s)

The function of Ģ��ƵAT is to determine whether Ģ��ƵDT erred in law or fact, exceeded its jurisdiction or competence, or failed to exercise the jurisdiction vested in it. The burden of satisfying Ģ��ƵAT that a Ģ��ƵDT judgment is defective rests with the appellant.

Outcome

Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Applicants/Appellants

Bekele

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement