2012-Ģ��ƵAT-249

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that Ģ��ƵDT did not err on the question of competence in finding that, pursuant to Articles 2. 1 and 3. 1 of the Ģ��ƵDT Statute, it was limited to cases brought by staff members, former staff members or persons making claims in the name of incapacitated or deceased staff members of the Ģ��Ƶ. Ģ��ƵAT held that the access to Ģ��ƵDT and Ģ��ƵAT was not recognised in the new internal justice system. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to pursue a disciplinary case against him or the decision to restrict his access to the Ģ��Ƶ premises under security escort. Ģ��ƵDT dismissed the application concluding that it had no jurisdiction. The Applicant appealed and later filed a motion for removal of certain portions from the Secretary-General��s answer to his appeal and for confidentiality. The motion was granted, and the Secretary-General filed a revised answer.

Legal Principle(s)

While Ģ��ƵAT has recognised that access to the new system of administration of justice could be extended to a person who is not formally a staff member but who could legitimately be entitled to rights similar to those of a staff member, this exception must be understood in a restrictive sense.

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.

Applicants/Appellants

di Giacomo

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement