2015-惇蹋厙AT-530

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered an appeal by Mr Ovcharenko et al. and a cross-appeal by the Secretary-General. On the request of Mr Ovcharenko et al. for an oral hearing before the full bench of 惇蹋厙AT, 惇蹋厙AT held that the parties had no standing to request that the case be decided by a full bench and, accordingly, denied the request. 惇蹋厙AT held that 惇蹋厙DT was correct when it examined the merits of the application and concluded that the administrative decision was lawful. 惇蹋厙AT held that the Secretary-General had to comply with the General Assembly decision 67/551 of 24 December 2012 and the ensuing enactment of that decision by the International Civil Service Commission. 惇蹋厙AT held that asking the Secretary-General to behave otherwise, as the appeal did, would have resulted in the unlawful imputation of the powers of the General Assembly to the Secretary-General. 惇蹋厙AT held that due to the dismissal of the appeal, 惇蹋厙AT did not need to address the cross-appeal. 惇蹋厙AT dismissed the appeal and the cross-appeal and affirmed the 惇蹋厙DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicants contested the Secretary-General＊s decision to pay post adjustment based on the 68.0 multiplier. 惇蹋厙DT rejected the applications.

Legal Principle(s)

Decisions of the General Assembly are binding on the Secretary-General.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Ovcharenko et al.

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement