2012-Ģ��ƵAT-210

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. Noting the absence of a written record, Ģ��ƵAT held that it could not confirm if the procedure under Article 17 (Oral Evidence) of the Ģ��ƵDT RoP was complied with, whether the witnesses made a declaration under Article 17(3) of the Ģ��ƵDT RoP before giving their statements, or whether the witnesses were cross-examined by the opposing party under Article 17(1) of the Ģ��ƵDT RoP. Ģ��ƵAT set aside the Ģ��ƵDT judgment and remanded the case to Ģ��ƵDT for a fresh hearing based on the pleadings already on record in a matter consistent with the Ģ��ƵAT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant initiated two separate proceedings against decisions not to promote him to two different posts and Ģ��ƵDT consolidated both cases. Ģ��ƵDT found both decisions to be unlawful, awarding compensation.

Legal Principle(s)

A lack of a written record at the Ģ��ƵDT or first-instance level will greatly impede Ģ��ƵAT��s ability to make a decision on appeal.

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

Finniss

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement