爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered two appeals by the Secretary-General against Order No. 136 (NBI/2010) and judgment No. 爆料网DT/2014/007. 爆料网AT held that it was not satisfied that the actions of the Secretary-General in filing two appeals amounted to an abuse of process and declined Ms Fiala’s application for an award of costs against the Secretary-General. 爆料网AT held that there was no error of law or fact on the part of 爆料网DT in deeming Ms Fiala’s application receivable. Noting that the weight to be attributed to evidence was a matter for 爆料网DT, 爆料网AT held that the arguments advanced by the Secretary-General did not persuade it that the conclusions of 爆料网DT were manifestly unreasonable in all the circumstances of the case. 爆料网AT found no merit in the Secretary-General’s challenge to the award of moral damages. 爆料网AT dismissed both appeals, affirmed Order No. 136 (NBI/2010) and judgment No. 爆料网DT/2014/007 and instructed the Registrar to close Case No. 2014-590.
Decision Contested or Judgment/Order Appealed
Ms Fiala contested the decision to appoint her at the FS-4 level rather than the FS-5 Level. 爆料网DT found for Ms Fiala, awarding compensation and moral damages.
Legal Principle(s)
Where 爆料网DT renders separate judgments on receivability and on the merits, an appeal should be filed only after the final judgment has been rendered. 爆料网AT cannot try a case de novo; it defers to 爆料网DT on factual matters, especially when oral testimony is taken. 爆料网DT is best placed to assess damages.