Ä¢¹½ÊÓÆµ

2013-Ä¢¹½ÊÓÆµAT-300

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓÆµAT held that as the Secretary-General had clearly established the Ä¢¹½ÊÓÆµDT¡¯s lack of jurisdiction, Ä¢¹½ÊÓÆµAT, therefore, made an exception to the general rule that only appeals against final decisions are receivable. Ä¢¹½ÊÓÆµAT held that, as the issue of jurisdiction did not go directly to the merits of the case, there was a need to receive the appeal at that time rather than to wait for the issue to be raised in an appeal against the final judgment. Ä¢¹½ÊÓÆµAT held that the appeal was receivable. On the merits, Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT¡¯s finding that there was one single claim with two heads of damages, one relating to the gross negligence by the Administration and one relating to the amount of compensation awarded to Mr Wamalala, was seriously flawed. Ä¢¹½ÊÓÆµAT held that Mr Wamalala¡¯s claim of negligence constituted a separate basis for compensation outside of the framework of Appendix D to the Staff Regulations and Rules, the workers¡¯ compensation system. Ä¢¹½ÊÓÆµAT held that a workers¡¯ compensation system is a no-fault insurance or scheme whereby employers must cover occupational injury or illness and that employees do not have to prove employer¡¯s negligence in order to obtain benefits. Ä¢¹½ÊÓÆµAT held that a claim of gross negligence against the Administration is a separate action which could not be included in a claim made by a staff member under Appendix D. Ä¢¹½ÊÓÆµAT held that Mr Wamalala did not submit his claim of gross negligence to the Secretary-General for consideration and decision and subsequently for management evaluation. Ä¢¹½ÊÓÆµAT held that his claim was not receivable ratione materiae and the claim of gross negligence was not receivable by Ä¢¹½ÊÓÆµDT. Ä¢¹½ÊÓÆµAT allowed the appeal and set aside Ä¢¹½ÊÓÆµDT¡¯s finding that the claim of gross negligence was receivable by Ä¢¹½ÊÓÆµDT.

Decision Contested or Judgment/Order Appealed

The Applicant challenged his award of compensation based on the recommendation of the Advisory Board on Compensation Claims (ABCC) and added a claim for compensation for moral damages. Ä¢¹½ÊÓÆµDT concluded the application was receivable and that it had jurisdiction to entertain it.

Legal Principle(s)

In general, only appeals against final judgments are receivable; the exception is that an interlocutory appeal is receivable where Ä¢¹½ÊÓÆµDT has clearly exceeded its jurisdiction or competence. Ä¢¹½ÊÓÆµDT enjoys wide powers of discretion in all matters relating to case management. A workers¡¯ compensation system (under Appendix D) is a no-fault insurance or scheme where employers must cover occupational injury or illness; employees do not have to prove the employer¡¯s negligence to obtain benefits.

Outcome

Appeal granted

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 Ä¢¹½ÊÓÆµDT Statute and Article 11(3) of the Ä¢¹½ÊÓÆµAT 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.