2012-Ģ��ƵAT-197

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that the Appellant had neither standing to challenge a decision which he alleged did not comply with the stipulations of his service contract nor the right to request the implementation of an arbitration procedure before Ģ��ƵDT. However, Ģ��ƵAT held that Ģ��ƵDT had committed an error in concluding that the Appellant had manifestly abused the process. The appeal was partially upheld and the Ģ��ƵDT judgment partially vacated regarding the payment of USD 500.00 for abuse of procedure.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew his service contract. Ģ��ƵDT rejected the application for lack of jurisdiction and ordered the Applicant to pay USD 500. 00 for abuse of proceedings. The Applicant appealed.

Legal Principle(s)

A contractual clause in a service contract, regardless of whether it includes a material error, or whether it was made knowingly, cannot bestow upon Ģ��ƵDT competencies that have not been provided by its Statute, another resolution of the General Assembly or similar legal instrument.

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

Ndjadi

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement