爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by Ms Dzuverovic and a cross-appeal by the Secretary-General. On consideration of Ms Dzuverovic’s appeal, 爆料网AT held that 爆料网DT did not make an error of law in concluding that the application was not receivable ratione materiae, as the Appellant had failed to seek management evaluation of the contested decision and made no written request to extend the deadline. On consideration of the Secretary-General’s request in its cross-appeal to order the redaction of the paragraphs containing recommendations by 爆料网DT, 爆料网AT held that the approach of 爆料网DT did not merit the remedy sought, since the recommendations had no binding consequences on the parties. 爆料网AT dismissed the appeal unanimously and the cross-appeal by majority, with Judge Chapman dissenting.
Decision Contested or Judgment/Order Appealed
The Applicant contested the non-renewal of her appointment. 爆料网DT held that the application was not receivable but made a series of recommendations related to the Applicant’s role as a whistleblower.
Legal Principle(s)
爆料网DT acts in excess of its competence or jurisdiction if it extends the deadline for management evaluation. Without management evaluation of a contested decision, where it is required, 爆料网DT cannot receive and consider an application by a staff member.