2015-Ģ��ƵAT-516

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered two appeals by the Secretary-General against Order No. 136 (NBI/2010) and judgment No. Ģ��ƵDT/2014/007. Ģ��ƵAT held that it was not satisfied that the actions of the Secretary-General in filing two appeals amounted to an abuse of process and declined Ms Fiala��s application for an award of costs against the Secretary-General. Ģ��ƵAT held that there was no error of law or fact on the part of Ģ��ƵDT in deeming Ms Fiala��s application receivable. Noting that the weight to be attributed to evidence was a matter for Ģ��ƵDT, Ģ��ƵAT held that the arguments advanced by the Secretary-General did not persuade it that the conclusions of Ģ��ƵDT were manifestly unreasonable in all the circumstances of the case. Ģ��ƵAT found no merit in the Secretary-General��s challenge to the award of moral damages. Ģ��ƵAT dismissed both appeals, affirmed Order No. 136 (NBI/2010) and judgment No. Ģ��ƵDT/2014/007 and instructed the Registrar to close Case No. 2014-590.

Decision Contested or Judgment/Order Appealed

Ms Fiala contested the decision to appoint her at the FS-4 level rather than the FS-5 Level. Ģ��ƵDT found for Ms Fiala, awarding compensation and moral damages.

Legal Principle(s)

Where Ģ��ƵDT renders separate judgments on receivability and on the merits, an appeal should be filed only after the final judgment has been rendered. Ģ��ƵAT cannot try a case de novo; it defers to Ģ��ƵDT on factual matters, especially when oral testimony is taken. Ģ��ƵDT is best placed to assess damages.

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

Fiala

Entity

Case Number(s)

Tribunal

Registry