2013-��AT-339

��AT Held or ��DT Pronouncements

��AT considered both an appeal by Ms Tsoneva and an appeal by the Secretary-General. ��AT disagreed with the ��DT��s interpretation of the prescribed procedure, leading to the discontinuation of Ms Tsoneva��s position, noting that there was no requirement that the staff member��s meeting with the manager must take place after the staff member had received a written notification or that the manager must consult a concerned staff member. ��AT held that the Director complied with the prescribed procedure by discussing the matter with Ms Tsoneva, informing her in writing of his intention to request the discontinuation of her position and then submitting his request to the Budget Committee. ��AT held that the ��DT judgment constituted an error of law, and the award of moral damages had to be reversed. ��AT upheld the appeal and vacated the ��DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to discontinue her post. ��DT found for the Applicant, annulled the decision to discontinue the post and awarded moral damages.

Legal Principle(s)

Left deliberately blank.

Outcome

Appeal granted

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Tsoneva

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement