Ä¢¹½ÊÓƵAT Held or Ä¢¹½ÊÓƵDT Pronouncements
Ä¢¹½ÊÓƵAT considered the appeal while the application for revision before Ä¢¹½ÊÓƵDT was still pending. Ä¢¹½ÊÓƵAT held that the new job opening for 13 S-3 level vacancies, for which the Applicant was invited to interview, is a matter which could be relevant to the issue of the quantum of compensation. Ä¢¹½ÊÓƵAT remanded the case to Ä¢¹½ÊÓƵDT to complete its hearing of the application for revision of judgment.
Decision Contested or Judgment/Order Appealed
Ä¢¹½ÊÓƵDT judgment: The Applicant requested a management evaluation of the decision to exclude him from a recruitment procedure for a S-3 Senior Security Officer Position. The Secretary-General conceded that the contested recruitment exercise was ¡°unlawful from the outset¡±, accepting the recommendation of the Management Evaluation Unit, and agreed to compensate the Applicant USD 833. 45. The Applicant contested the quantum of damages. Ä¢¹½ÊÓƵDT ordered the rescission of the contested administrative decision and in-lieu compensation of USD 20,000, plus USD 5,000 for loss of opportunity for career advancement and for loss of job security. The Secretary-General appealed to Ä¢¹½ÊÓƵAT and filed an application for revision of judgment requesting Ä¢¹½ÊÓƵDT to take note of a new job opening issued subsequently for 13 S-3 vacancies for which the Applicant was invited to interview.
Legal Principle(s)
Ä¢¹½ÊÓƵDT is precluded from deciding an application for revision of its judgment while the judgment is pending appeal before Ä¢¹½ÊÓƵAT. This is because, pursuant to Article 12. 1 of the Ä¢¹½ÊÓƵDT Statute, an application for revision must relate to an executable judgment, whereas, under Article 7. 5 of the Ä¢¹½ÊÓƵAT Statute, the filing of the appeal has the effect of suspending the execution of the judgment.