2013-Ģ��ƵAT-361

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General limited to the discrete issue of the ��Observations�� of Ģ��ƵDT. Ģ��ƵAT held that the Secretary-General, despite being the beneficiary of a Ģ��ƵDT judgment in his favour, was entitled to appeal the observations. Ģ��ƵAT held that Ģ��ƵDT overstepped the mark to a significant degree in effectively recording, as part of its judgment, ��Observations�� in the manner in which it did. Ģ��ƵAT held that, in light of the Ģ��ƵDT��s determination on the issue of receivability, Ģ��ƵDT had no jurisdiction to make ��Observations�� as it did. Ģ��ƵAT allowed the appeal and ordered that the title ��Observations�� and paragraphs 25 to 36 be redacted from the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

Mr Ngoma-Mabiala contested the mode of recovery of an overpayment without formal notification or an amended contract after his post was mistakenly reclassified by the Organisation. Ģ��ƵDT dismissed the application as not receivable for failure to request management evaluation, but, under ��Observations��, Ģ��ƵDT concluded that the Administration had made certain mistakes that deprived Mr Ngoma-Mabiala of his rights.

Legal Principle(s)

Ģ��ƵDT may err in law and go beyond its jurisdiction if it effectively embarks on a consideration of the merits of a case after it has limited the matter to adjudication of the receivability issues only.

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

Ngoma-Mabiala

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement