2015-Ģ��ƵAT-530

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by Mr Ovcharenko et al. and a cross-appeal by the Secretary-General. On the request of Mr Ovcharenko et al. for an oral hearing before the full bench of Ģ��ƵAT, Ģ��ƵAT held that the parties had no standing to request that the case be decided by a full bench and, accordingly, denied the request. Ģ��ƵAT held that Ģ��ƵDT was correct when it examined the merits of the application and concluded that the administrative decision was lawful. Ģ��ƵAT held that the Secretary-General had to comply with the General Assembly decision 67/551 of 24 December 2012 and the ensuing enactment of that decision by the International Civil Service Commission. Ģ��ƵAT held that asking the Secretary-General to behave otherwise, as the appeal did, would have resulted in the unlawful imputation of the powers of the General Assembly to the Secretary-General. Ģ��ƵAT held that due to the dismissal of the appeal, Ģ��ƵAT did not need to address the cross-appeal. Ģ��ƵAT dismissed the appeal and the cross-appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicants contested the Secretary-General��s decision to pay post adjustment based on the 68.0 multiplier. Ģ��ƵDT rejected the applications.

Legal Principle(s)

Decisions of the General Assembly are binding on the Secretary-General.

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

Ovcharenko et al.

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement