2014-Ģ��ƵAT-466

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered the appeals by the Secretary-General challenging Ģ��ƵDT��s determination that the decision not to investigate Ģ��ƵSU election matters was receivable. Ģ��ƵAT held by majority that the appeal was not receivable, based on jurisprudence that a party may not appeal against a judgment in which it has prevailed. Ģ��ƵAT noted that although Ģ��ƵDT reviewed the merits of the decision despite the Secretary-General��s argument that the decision was not receivable ratione materiae, Ģ��ƵDT found in favour of the Secretary-General. Ģ��ƵAT held that, as there was no negative impact to the Secretary-General, there was no right to appeal even if the judgment contained errors of law or fact, including with respect to its jurisdiction or competence. Ģ��ƵAT dismissed both appeals as not receivable by majority, with Judge Chapman dissenting.

Decision Contested or Judgment/Order Appealed

The Applicants contested the Secretary-General��s refusal to conduct an investigation into the irregularities surrounding the June 2011 Ģ��Ƶ Staff Union (Ģ��ƵSU) elections, in light of the failure of the Ģ��ƵSU Arbitration Committee to adequately address the matter. Ģ��ƵDT found, inter alia, that the refusal to carry out the requested investigation was an administrative decision subject to review. Nonetheless, Ģ��ƵDT held that such a decision was lawful since neither the Ģ��ƵSU Statute nor the jurisprudence indicated that the Secretary-General was obligated to intervene in the conduct of Ģ��ƵSU elections.

Legal Principle(s)

A party may not appeal against a judgment in which it has prevailed. Where there is no negative impact, there is no right to appeal even if the judgment contained errors of law or fact, including with respect to its jurisdiction or competence.

Outcome

Appeal dismissed on receivability

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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

Saffir and Ginivan

Entity

Case Number(s)

Tribunal

Registry