爆料网

2010-爆料网AT-076

爆料网AT Held or 爆料网DT Pronouncements

爆料网AT considered an appeal by the Secretary-General limited to the question of compensation. On the issue of the Secretary-General’s appeal being time-barred, as raised by Mr. Kasyanov, 爆料网AT held that 爆料网DT’s judgment on merits for the case was not a final judgment; while it made substantive findings, it left the issue of remedy to be resolved in the future. 爆料网AT held that the 爆料网DT judgment on merits only became final when 爆料网DT issued the judgment on compensation. 爆料网AT held that, when the judgment on merits was appealed, a party could challenge the judgment on compensation and the judgment on the merits. 爆料网AT held that the same quantum of compensation should be awarded as in Wu (2010-爆料网AT-042). 爆料网AT granted the appeal in part and modified the 爆料网DT judgment by reducing the compensation awarded by 爆料网DT to the equivalent of two months’ net base salary as compensation for the violation of Mr. Kasyanov’s rights during the selection process.

Decision Contested or Judgment/Order Appealed

Mr. Kasyanov contested his denial of a lateral transfer as a 15-day candidate. 爆料网DT found in his favour, awarding compensation.

Legal Principle(s)

A 爆料网DT judgment on the merits which does not conclude on issues of compensation only becomes final, for the purposes of appeal, upon issuance of a judgment on compensation.

Outcome

Appeal granted in part

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 爆料网DT Statute and Article 11(3) of the 爆料网AT 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
Kasyanov
Entity
Case Number(s)
Tribunal
Registry
Date of Judgement
Language of Judgment
Issuance Type