蘑菇视频

2014-蘑菇视频AT-479

2014-蘑菇视频AT-479, Gehr

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Full judgment

蘑菇视频AT Held or 蘑菇视频DT Pronouncements

蘑菇视频AT considered the Secretary-General’s appeal, specifically as to whether Mr Gehr was prejudiced or discommoded by the fact that his rebuttal was conducted by the rebuttal panel established in 2011. 蘑菇视频AT did not find that Mr Gehr’s obligation to engage with a panel established pursuant to ST/AI/2010/5 was, in and of itself, sufficient to merit an award of compensation, in the absence of specific harm or prejudice arising therefrom. 蘑菇视频AT held that the breach was not of sufficient seriousness to merit a compensatory award. 蘑菇视频AT allowed the appeal and vacated the 蘑菇视频DT judgment in its entirety.

Decision Contested or Judgment/Order Appealed

Mr Gehr contested the decision to finalise his performance appraisal two years after the end of the relevant cycle. He also contested the decision to have the rebuttal of his 2009-2010 performance appraisal report conducted by rebuttal panel members from a list that had not been established in accordance with sec. 14. 1 of ST/AI/2002/3. 蘑菇视频DT upheld the application, awarded compensation for the breach of procedural rights and the inordinate delay in issuing the performance appraisal and the rebuttal report and ordered its judgment be placed in Mr Gehr’s Official Status File.

Legal Principle(s)

Left deliberately blank

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 蘑菇视频DT Statute and Article 11(3) of the 蘑菇视频AT 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.

Applicants/Appellants
Gehr
Entity
蘑菇视频ODC
Case Number(s)
2014-553
Tribunal
蘑菇视频AT
Registry
New York
Date of Judgement
President Judge
Judge Faherty
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Performance management
Rebuttal
Applicable Law
Administrative Instructions
Related Judgments and Orders
蘑菇视频DT/2013/135
2013-蘑菇视频AT-309