Ä¢¹½ÊÓƵAT Held or Ä¢¹½ÊÓƵDT Pronouncements
Both parties appealed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct regarding the non-receivability ratione materiae with respect to the first three decisions. Ä¢¹½ÊÓƵAT, however, disagreed with Ä¢¹½ÊÓƵDT¡¯s finding that the Administration had unlawfully delayed check-out, including his final payments and the submission of the required forms for his pension, since the period of three and a half months which was taken by the Administration to investigate and proceed with Mr Nchimbi¡¯s ¡°check-out¡± was not unreasonable in the given circumstances. Ä¢¹½ÊÓƵAT upheld the Secretary-General's appeal and dismissed Mr Nchimbi¡¯s appeal. Ä¢¹½ÊÓƵAT vacated the decision regarding the award of compensation and affirmed the Ä¢¹½ÊÓƵDT judgment on the non-receivability ratione materiae.
Decision Contested or Judgment/Order Appealed
Mr Nchimbi contested the decision to (a) withhold his final payments and the delay in submitting forms for his pension for over six months after checking out from ICTR; (b) to unlawfully deduct his final leave days; (c) not to provide him with a copy of the report of an investigation conducted against him; and (d) the failure of the Secretary-General and the Office of Internal Oversight Services to intervene in the matter. Ä¢¹½ÊÓƵDT found that Mr Nchimbi had not requested a management evaluation of the first three decisions and concluded that the application was not receivable ratione materiae with respect to those decisions. Ä¢¹½ÊÓƵDT, thus, granted the application with respect to the decisions to withhold his final payment and to delay submitting the required forms for his pension. Ä¢¹½ÊÓƵDT ordered payment of compensation ¡°for the three months¡¯ unlawful procedural delay¡±.
Legal Principle(s)
In some cases, a delay on the part of the Administration might be a necessary step to ensure that there is proper governance within the Organisation and accountability for its property and, therefore, not unlawful.