爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that as the Secretary-General had clearly established the 爆料网DT’s lack of jurisdiction, 爆料网AT, therefore, made an exception to the general rule that only appeals against final decisions are receivable. 爆料网AT held that, as the issue of jurisdiction did not go directly to the merits of the case, there was a need to receive the appeal at that time rather than to wait for the issue to be raised in an appeal against the final judgment. 爆料网AT held that the appeal was receivable. On the merits, 爆料网AT held that 爆料网DT’s finding that there was one single claim with two heads of damages, one relating to the gross negligence by the Administration and one relating to the amount of compensation awarded to Mr Wamalala, was seriously flawed. 爆料网AT held that Mr Wamalala’s claim of negligence constituted a separate basis for compensation outside of the framework of Appendix D to the Staff Regulations and Rules, the workers’ compensation system. 爆料网AT held that a workers’ compensation system is a no-fault insurance or scheme whereby employers must cover occupational injury or illness and that employees do not have to prove employer’s negligence in order to obtain benefits. 爆料网AT held that a claim of gross negligence against the Administration is a separate action which could not be included in a claim made by a staff member under Appendix D. 爆料网AT held that Mr Wamalala did not submit his claim of gross negligence to the Secretary-General for consideration and decision and subsequently for management evaluation. 爆料网AT held that his claim was not receivable ratione materiae and the claim of gross negligence was not receivable by 爆料网DT. 爆料网AT allowed the appeal and set aside 爆料网DT’s finding that the claim of gross negligence was receivable by 爆料网DT.
Decision Contested or Judgment/Order Appealed
The Applicant challenged his award of compensation based on the recommendation of the Advisory Board on Compensation Claims (ABCC) and added a claim for compensation for moral damages. 爆料网DT concluded the application was receivable and that it had jurisdiction to entertain it.
Legal Principle(s)
In general, only appeals against final judgments are receivable; the exception is that an interlocutory appeal is receivable where 爆料网DT has clearly exceeded its jurisdiction or competence. 爆料网DT enjoys wide powers of discretion in all matters relating to case management. A workers’ compensation system (under Appendix D) is a no-fault insurance or scheme where employers must cover occupational injury or illness; employees do not have to prove the employer’s negligence to obtain benefits.