Ä¢¹½ÊÓƵAT Held or Ä¢¹½ÊÓƵDT Pronouncements
Ä¢¹½ÊÓƵAT vacated Ä¢¹½ÊÓƵDT¡¯s award of CHF 5,000. Ä¢¹½ÊÓƵAT held that, while Ä¢¹½ÊÓƵDT had the power to award costs for manifest abuse of proceedings before JAB, Ä¢¹½ÊÓƵDT erred in finding that the Secretary-General¡¯s delay in responding to the JAB report constituted a manifest abuse of proceedings. Ä¢¹½ÊÓƵAT held that the delay in question was not inordinate and, in any event, a delay in and of itself, did not constitute a manifest abuse of proceedings. Ä¢¹½ÊÓƵAT held that, before Ä¢¹½ÊÓƵDT could lawfully award costs against the Secretary-General, it was necessary to determine on the evidence that the delay constituted a wrong or improper use of the proceedings of the court, such as proof that it was ¡°frivolous or vexatious¡± to qualify as manifest abuse of proceedings. Ä¢¹½ÊÓƵAT upheld the appeal and vacated the award of costs of CHF 5,000.
Decision Contested or Judgment/Order Appealed
After having waited several months and having received no response from the Secretary-General on JAB¡¯s recommendation that the staff member be paid compensation for the termination of his indefinite appointment, the staff member filed an appeal seeking the implementation of the recommendations of JAB. Ä¢¹½ÊÓƵDT held that, in the absence of any reason given by the Secretary-General for the delay, it was a manifest abuse of the proceedings which entitled the staff member to an award of costs.
Legal Principle(s)
A delay, in and of itself, is not a manifest abuse of proceedings. It is necessary to determine on the evidence that the delay was clearly and unmistakably a wrong or improper use of the proceedings of the court. Proof that the delay was frivolous or vexatious would satisfy this requirement.