爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the Secretary-General’s appeal regarding the judgment on Receivability (爆料网DT/2011/063) and the judgment on the Merits (爆料网DT/2010/085). As a preliminary matter, 爆料网AT denied Ms Hunt-Matthews' request for an oral hearing. 爆料网AT noted that the Secretary-General may properly appeal the judgment on Receivability as part of the judgment on the Merits and that it was timely. 爆料网AT considered whether 爆料网DT should have received Ms Hunt-Matthes’ application and found that it was not receivable ratione materiae. 爆料网AT found that 爆料网DT erred when it determined that Ms Hunt-Matthes’ claims of retaliation were covered by ST/SGB/2005/21 since her claims were based on events occurring in 2004, which was before ST/SGB/2005/21 went into effect. 爆料网AT held that, since Ms Hunt-Matthes’ application should not have been received ratione materiae, 爆料网DT was not competent to address the merits. However, 爆料网AT noted that Ms Hunt-Matthes may still have had remedies for her complaint of retaliation or reprisal, pursuant to Section 5. 2. 8 of IMO/FMO/65/2003. 爆料网AT granted the appeal, reversed 爆料网DT’s judgment on Receivability and vacated 爆料网DT’s judgment on the Merits.
Decision Contested or Judgment/Order Appealed
Ms Hunt-Matthes challenged the Ethics Office’s determination that there was no connection between her reporting of misconduct and the decision not to renew her contract. 爆料网DT held that: Ms Hunt-Matthes had a right to be protected from retaliation; the Ethics Office applied the wrong criteria in considering whether she had engaged in protected activities; the Ethics Office failed to identify that the retaliatory acts alleged were the assessment of her performance as unsatisfactory and subsequent non-renewal of her appointment; and the Ethics Office failed to make a proper enquiry into the link between the protected activity and the alleged retaliation. 爆料网DT awarded Ms Hunt-Matthes moral damages for her stress and anxiety caused by the Ethics Office’s breach of its duty to her.
Legal Principle(s)
The general rule that only appeals against final judgments are receivable does not apply where 爆料网DT dismisses a case on the grounds that it is not receivable under Article 8 of the 爆料网DT statute, as the case cannot proceed any further and there is in effect a final judgment. Laws may not be applied retroactively to incidents that occurred prior to their issuance.