爆料网AT Held or 爆料网DT Pronouncements
爆料网AT vacated 爆料网DT’s award of CHF 5,000. 爆料网AT held that, while 爆料网DT had the power to award costs for manifest abuse of proceedings before JAB, 爆料网DT erred in finding that the Secretary-General’s delay in responding to the JAB report constituted a manifest abuse of proceedings. 爆料网AT held that the delay in question was not inordinate and, in any event, a delay in and of itself, did not constitute a manifest abuse of proceedings. 爆料网AT held that, before 爆料网DT could lawfully award costs against the Secretary-General, it was necessary to determine on the evidence that the delay constituted a wrong or improper use of the proceedings of the court, such as proof that it was “frivolous or vexatious” to qualify as manifest abuse of proceedings. 爆料网AT upheld the appeal and vacated the award of costs of CHF 5,000.
Decision Contested or Judgment/Order Appealed
After having waited several months and having received no response from the Secretary-General on JAB’s recommendation that the staff member be paid compensation for the termination of his indefinite appointment, the staff member filed an appeal seeking the implementation of the recommendations of JAB. 爆料网DT held that, in the absence of any reason given by the Secretary-General for the delay, it was a manifest abuse of the proceedings which entitled the staff member to an award of costs.
Legal Principle(s)
A delay, in and of itself, is not a manifest abuse of proceedings. It is necessary to determine on the evidence that the delay was clearly and unmistakably a wrong or improper use of the proceedings of the court. Proof that the delay was frivolous or vexatious would satisfy this requirement.