2011-��AT-104

��AT Held or ��DT Pronouncements

��AT considered an appeal of judgment No. ��DT/2010/061 on compensation. ��AT held that, as it had previously overturned the judgment on the merits (which found in favour of Mr Sanwidi), the foundation for an award of compensation no longer existed and the appeal was moot. ��AT held that the judgment on compensation was automatically vacated when it overturned the judgment on the merits. ��AT dismissed the appeal and vacated the ��DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to summarily dismiss him for serious misconduct. ��DT issued judgment No. ��DT/2010/036 on the merits and judgment No. ��DT/2010/061 on compensation. Subsequently, in judgment No. 2010-��AT-084, ��AT set aside judgment No. ��DT/2010/036.

Legal Principle(s)

A judgment on compensation is automatically vacated if the corresponding judgment on the merits, which is the foundation for the award of compensation, is overturned.

Outcome

Appeal granted

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 ��DT Statute and Article 11(3) of the ��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

Sanwidi

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement