2016-Ģ��ƵAT-613

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered the appeal by the Secretary-General. Ģ��ƵAT held that despite acknowledging that under Ģ��ƵAT��s jurisprudence, a rebuttal panel is not a technical body, Ģ��ƵDT declined to follow its jurisprudence. Ģ��ƵAT held that Ģ��ƵDT had erred by waiving the management evaluation as a receivability requirement. Ģ��ƵAT held that Ģ��ƵDT exceeded its jurisdiction, and made an error of law when it received an application, which was not receivable ratione materiae. Ģ��ƵAT upheld the appeal was upheld and vacated the Ģ��ƵDT judgment in its entirety.

Decision Contested or Judgment/Order Appealed

The Applicant challenged his performance evaluation for the period of 1 April through 31 December 2011. Ģ��ƵDT found that, despite the Applicant��s failure to seek management evaluation, the application was receivable. Ģ��ƵDT rescinded the Applicant��s performance appraisal and ordered that its judgment be placed in his Official Status File.

Legal Principle(s)

Ģ��ƵDT does not have authority to disregard the Ģ��ƵAT��s jurisprudence, which is stare decisis and must be followed. Under Ģ��ƵAT��s jurisprudence, a rebuttal panel is not a technical body. It is the staff member��s responsibility to ensure that he or she is aware of the applicable procedure in the context of the administration of justice at the United Nations. Ignorance cannot be invoked as an excuse.

Outcome

Appeal granted

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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

Gehr

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement