2013-Ģ��ƵAT-338

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by Ms Dzuverovic and a cross-appeal by the Secretary-General. On consideration of Ms Dzuverovic��s appeal, Ģ��ƵAT held that Ģ��ƵDT did not make an error of law in concluding that the application was not receivable ratione materiae, as the Appellant had failed to seek management evaluation of the contested decision and made no written request to extend the deadline. On consideration of the Secretary-General��s request in its cross-appeal to order the redaction of the paragraphs containing recommendations by Ģ��ƵDT, Ģ��ƵAT held that the approach of Ģ��ƵDT did not merit the remedy sought, since the recommendations had no binding consequences on the parties. Ģ��ƵAT dismissed the appeal unanimously and the cross-appeal by majority, with Judge Chapman dissenting.

Decision Contested or Judgment/Order Appealed

The Applicant contested the non-renewal of her appointment. Ģ��ƵDT held that the application was not receivable but made a series of recommendations related to the Applicant��s role as a whistleblower.

Legal Principle(s)

Ģ��ƵDT acts in excess of its competence or jurisdiction if it extends the deadline for management evaluation. Without management evaluation of a contested decision, where it is required, Ģ��ƵDT cannot receive and consider an application by a staff member.

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

Dzuverovic

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement