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 爆料网DT erred in law in its determination. 爆料网AT held that there was no legal basis for 爆料网DT to bind the Administration to a 90-day statutory time limit. 爆料网AT held that it was not necessary to remand the case to 爆料网DT for consideration of the merits as the issue was one of law, namely, whether the Administration was entitled to revoke the indefinite appointment granted to Ms Cranfield. 爆料网AT held that as of 30 June 2009, 爆料网AT held a contract of indefinite appointment which meant that she was not eligible for conversion to such an appointment. 爆料网AT noted that post 30 June 2009, contracts of permanent or indefinite appointment no longer existed and therefore there was no legal basis upon which to grant her an indefinite appointment. 爆料网AT held that the decision to grant her the indefinite appointment was invalid. 爆料网AT held that the Administration was entitled to correct its decision and there were no grounds upon which the Administration should be prevented from correcting its mistake. 爆料网AT noted that the moral damages award had not been appealed by the Secretary-General, and as such, Ms Cranfield remained the beneficiary of that award. 爆料网AT allowed the appeal, set aside the 爆料网DT order rescinding the decision, and affirmed the decision to retract her indefinite appointment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to retract her indefinite appointment. 爆料网DT found for the Applicant on the basis that the Administration failed to correct its mistake within ninety days.
Legal Principle(s)
In situations where the Administration finds that it has made an unlawful decision or an illegal commitment, it is entitled to remedy that situation. Interests of justice require that the Secretary-General should retain the discretion to correct erroneous decisions.