2015-Ģ��ƵAT-605

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. On the award of costs, Ģ��ƵAT held that the calling of a witness in good faith and with the reasonable aim to bolster the views of the Administration did not constitute an abuse of process warranting the award of legal costs and granted the appeal on that point. Ģ��ƵAT dismissed the Secretary-General��s appeal of the award of prospective compensation of the monetary equivalent of the Special Post Allowance for an uncertain duration. Ģ��ƵAT found no merit in the Secretary-General��s appeal against the award of compensation for loss of opportunity. Ģ��ƵAT granted the appeal of the Secretary-General in part, vacated the award of costs for USD 3,000 and USD 1,000 for abuse of process, and affirmed the remainder of the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

Mr Hosang contested the decision not to grant him retroactive Special Post Allowance for the full period that he had been performing duties that had been graded at a higher level. Ģ��ƵAT found for Mr Hosang and awarded compensation and costs against the Secretary-General.

Legal Principle(s)

The basic principle applicable in international courts on the question of costs is that each party shall bear its own costs. Ģ��ƵDT��s power to award costs is restricted to cases in which it determines that a party has manifestly abused the proceedings before it.

Outcome

Appeal granted in part

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

Hosang

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement