2015-Ģ��ƵAT-584

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT refused the Appellant��s motion to file additional pleadings, noting that the new evidence related to matters falling outside the scope of his application to Ģ��ƵDT. Ģ��ƵAT held that Ģ��ƵDT erred in finding that the only legal issue arising for determination was whether the Appellant was entitled to compensation for moral damages as a result of the issuance of the reprimand. Ģ��ƵAT held that since the Administration had rescinded the impugned decision even before the Appellant had filed his Ģ��ƵDT application, and by corollary should then have removed the written reprimand and all reference to it from the Appellant��s Official Status File, as rescission implies, it thereby rendered the claim before Ģ��ƵDT moot. Ģ��ƵAT held there was thus no administrative decision on which Ģ��ƵDT was competent to pass judgment, including the issue of compensation. Ģ��ƵAT held that Ģ��ƵDT should have ruled that the application was not receivable. Ģ��ƵAT held that Ģ��ƵDT exceeded its jurisdiction in accepting the application and considering whether compensation was payable. Ģ��ƵAT dismissed the appeal and vacated the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the imposition of a reprimand. Noting that the reprimand had already been rescinded, Ģ��ƵDT considered only the issue of compensation. Ģ��ƵDT dismissed the application.

Legal Principle(s)

An appealable decision is one that has a direct impact and produces direct legal consequences on a staff member affecting his or her terms of appointment or contract of employment.

Outcome

Appeal dismissed on merits

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 Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT 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

Gebremariam

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement