Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements
Ä¢¹½ÊÓÆµAT held that the Ä¢¹½ÊÓÆµDT Judgment was inconsistent in finding parts of the application irreceivable but not addressing what was to happen to the balance of the claim which was receivable. Ä¢¹½ÊÓÆµAT held that to the extent that the Ä¢¹½ÊÓÆµDT held that some of the Appellant¡¯s claims were not receivable as they were not filed within time after management evaluation, Ä¢¹½ÊÓÆµDT did not err in fact or law and Ä¢¹½ÊÓÆµAT upheld such conclusions. Ä¢¹½ÊÓÆµAT held that there were errors by Ä¢¹½ÊÓÆµDT in respect of which the appeal had to be allowed, which were: (1) the Ä¢¹½ÊÓÆµDT decision not to receive the application in respect of claims that were made after management evaluation and within the time limit; and (2) the Ä¢¹½ÊÓÆµDT decision not to receive the application because of the Appellant¡¯s use of the word ¡°negligence¡± in relation to the Secretary-General¡¯s actions or omissions. On the error relating to negligence, Ä¢¹½ÊÓÆµAT held that the preferable analysis of the issue was that there was no independent cause of action in the tort of negligence available to staff members in the Appellant¡¯s circumstances and such a claim was thereby irreceivable, with the proper remedy being to sever that impugned cause of action but to receive the balance of the application which was within jurisdiction. Ä¢¹½ÊÓÆµAT allowed the appeal in part, set aside the Ä¢¹½ÊÓÆµDT¡¯s finding of irreceivability and remanded the matter to the Ä¢¹½ÊÓÆµDT for decision on its merits based on and limited to those matters referred to in the Appellant¡¯s second management evaluation request.
Decision Contested or Judgment/Order Appealed
The Appellant made a number of claims arising out of an investigation into alleged misconduct against him. Specifically, he complained that his counter-complaints against the staff members who filed a complaint against him had not been adequately investigated. Ä¢¹½ÊÓÆµDT dismissed the claims as not receivable.
Legal Principle(s)
Ä¢¹½ÊÓÆµDT is constrained in its jurisdiction and powers by its Statute which does not allow causes of action founded on the tort of negligence; that is not to say that negligence can never be the basis of a claim brought by a staff member, however, negligence is not a stand-alone statutory cause of action.