2015-Ģ��ƵAT-604

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The issue for determination by Ģ��ƵAT was whether the relevant date for the filing of the Secretary-General��s appeal ran from the date on which the ALS received the Ģ��ƵDT judgment in its capacity as counsel of record for the Secretary-General before Ģ��ƵDT or the date on which the judgment was received by the OLA, the Secretary-General��s counsel of record before Ģ��ƵAT. Ģ��ƵAT held that in the absence of any published Ģ��ƵDT rule or practice direction which decreed that transmission of Ģ��ƵDT judgments be made to OLA, it was not permissible for the Secretary-General to seek to rely on the date when the judgment was received by OLA. Ģ��ƵAT consequently dismissed the appeal as time-barred and not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to abolish her post with the Ģ��Ƶ Mission in South Sudan (Ģ��ƵMISS). Ģ��ƵDT ordered the recission of the administrative decision to separate her from service and her reinstatement, or in-lieu compensation. Ģ��ƵDT also awarded compensation for the procedural and substantive irregularities.

Legal Principle(s)

The relevant date for the filing of the Secretary-General��s appeal of a Ģ��ƵDT judgment runs from the date the judgment was received by the Secretary-General, no matter whether the judgment was received by ALS (as counsel for the Secretary-General before Ģ��ƵDT) or OLA (as counsel for the Secretary-General before Ģ��ƵAT).

Outcome

Appeal dismissed on receivability

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

Ocokoru

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement