2011-惇蹋厙AT-125

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered an appeal against judgment No. 惇蹋厙DT/2010/146 on compensation by the Secretary-General. 惇蹋厙AT held that once a judgment on the merits has been vacated and no liability on the part of the Administration has been established, a judgment on compensation cannot stand if it would be contrary to the final decision on the merits of the case. 惇蹋厙AT held that an appeal against the judgment on compensation was not necessary if the legal basis for the award of compensation by 惇蹋厙DT no longer existed. 惇蹋厙AT dismissed the appeal (as unnecessary) and vacated the 惇蹋厙DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew her appointment of limited duration and the decision not to waive the time limit to submit a rebuttal of her performance appraisal. In judgment No. 惇蹋厙DT/2010/039 on the merits, 惇蹋厙DT found in the Applicant＊s favour on the question of liability. In judgment No. 惇蹋厙DT/2010/146 on compensation, 惇蹋厙DT ordered the Secretary-General to pay compensation. On appeal, 惇蹋厙AT vacated judgment No. 惇蹋厙DT/2010/039.

Legal Principle(s)

Once a first-instance judgment on the merits is vacated and no liability on the part of the Administration has been established, a judgment on compensation cannot stand if it would be contrary to the final decision on the merits of the case. An appeal against a judgment on compensation is not necessary if the legal basis for the award of compensation by 惇蹋厙DT, or another first-instance body, no longer exists.

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 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙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.

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