Ä¢¹½ÊÓƵAT Held or Ä¢¹½ÊÓƵDT Pronouncements
Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT affirmed, albeit on different grounds, the Ä¢¹½ÊÓƵDT award of compensation to Mr Pirraku. Ä¢¹½ÊÓƵAT observed that the issues surrounding Mr Pirraku¡¯s non-promotion should not have been presented to, or addressed by, Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the issues regarding Mr Pirraku¡¯s non-promotion were the subject of a settlement and release agreement reached through mediation and, as such, were not subject to judicial review. Ä¢¹½ÊÓƵAT held that the issue for Ä¢¹½ÊÓƵDT¡¯s determination was the execution of the settlement agreement. Ä¢¹½ÊÓƵAT held that the issues of compensation relating to the partial non-execution of the agreement and the delays in its implementation were properly before Ä¢¹½ÊÓƵDT, which did not err in exercising its jurisdiction concerning these issues. Ä¢¹½ÊÓƵAT held that the compensation in the amount of six months¡¯ net base salary awarded by Ä¢¹½ÊÓƵDT was adequate in the circumstances of the case and fairly reflected the prejudice suffered by the staff member. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the award of compensation in the Ä¢¹½ÊÓƵDT judgment.
Decision Contested or Judgment/Order Appealed
Mr Pirraku challenged his non-promotion. The issues surrounding the non-promotion were the subject of a settlement and release agreement reached through mediation. Ä¢¹½ÊÓƵDT found for Mr Pirraku, awarding compensation.
Legal Principle(s)
An application shall not be receivable if the dispute arising from the contested decision has been resolved by an agreement reached through mediation.