爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General limited to the discrete issue of the “Observations” of 爆料网DT. 爆料网AT held that the Secretary-General, despite being the beneficiary of a 爆料网DT judgment in his favour, was entitled to appeal the observations. 爆料网AT held that 爆料网DT overstepped the mark to a significant degree in effectively recording, as part of its judgment, “Observations” in the manner in which it did. 爆料网AT held that, in light of the 爆料网DT’s determination on the issue of receivability, 爆料网DT had no jurisdiction to make “Observations” as it did. 爆料网AT allowed the appeal and ordered that the title “Observations” and paragraphs 25 to 36 be redacted from the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
Mr Ngoma-Mabiala contested the mode of recovery of an overpayment without formal notification or an amended contract after his post was mistakenly reclassified by the Organisation. 爆料网DT dismissed the application as not receivable for failure to request management evaluation, but, under “Observations”, 爆料网DT concluded that the Administration had made certain mistakes that deprived Mr Ngoma-Mabiala of his rights.
Legal Principle(s)
爆料网DT may err in law and go beyond its jurisdiction if it effectively embarks on a consideration of the merits of a case after it has limited the matter to adjudication of the receivability issues only.