Ä¢¹½ÊÓÆµ

2022-Ä¢¹½ÊÓÆµAT-1269

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.

Outcome

Appeal granted in part; Case remanded

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 Ä¢¹½ÊÓÆµDT Statute and Article 11(3) of the Ä¢¹½ÊÓÆµAT 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
Ashok Kumar Nigam
Case Number(s)
Registry
Date of Judgement
President Judge
Language of Judgment
Issuance Type