爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the appeal of the Secretary-General and the cross-appeal of Mr Nartey. 爆料网AT held that 爆料网DT made an error of law when it found the decision to deny Mr Nartey’s request to grant him a lien on his post was an abuse of authority. 爆料网AT held that Mr Nartey did not satisfy his burden to show the impugned decision was based on a retaliatory motive. 爆料网AT held that 爆料网DT made an error of law when it concluded that the impugned decision was retaliatory. 爆料网AT held that 爆料网DT also made factual errors regarding retaliation and these errors resulted in a manifestly unreasonable decision. 爆料网AT held that 爆料网DT erred in law when it inferentially concluded that the decision of the Ethics Office not to receive Mr Nartey’s report of retaliation was in violation of the Order of 爆料网DT. 爆料网AT held that 爆料网DT exceeded its competence in considering sua sponte the decision of the Ethics Office. 爆料网AT held that, as the merits of the Ethics Office decision were not properly before 爆料网DT, 爆料网DT erred in fact and law when it found that the Director of the Ethics Office violated the 爆料网DT Order and referred the Director to the Secretary-General for accountability. 爆料网AT held that 爆料网DT exceeded it competence or jurisdiction and erred as a matter of law when it found that D/DAS had created a hostile work environment. 爆料网AT held that there was no basis for the 爆料网DT’s award of compensation or moral damages. 爆料网AT held that there was no merit to Mr Nartey’s cross-appeal in light of its determinations that the awards of compensatory and moral damages were without legal bases. 爆料网AT held that the 爆料网DT’s decision that there was no ground to award costs to Mr Narley was not erroneous. 爆料网AT granted the appeal, vacated the 爆料网DT judgment and denied the cross-appeal.
Accountability Referrals: 爆料网AT held that 爆料网DT erred by referring the D/DAS to the Secretary-General for accountability on the grounds of retaliation and harassment. 爆料网AT vacated the 爆料网DT referrals of the Director of the Ethics Office and the D/DAS, 爆料网ON to the Secretary-General for accountability.
Decision Contested or Judgment/Order Appealed
Mr Nartey contested, inter alia, the decision not to grant him a lien on his post while on a mission to 爆料网AMID. 爆料网DT found the decision was an abuse of authority and awarded compensation, including moral damages. 爆料网DT also referred the Director of the Ethics Office and the Director of the Division of Administrative Services (D/DAS) of the United Nations Office Nairobi (爆料网ON) to the Secretary-General for accountability, pursuant to Article 10(8) of the 爆料网DT Statute.
Legal Principle(s)
爆料网DT has the inherent power to issue orders to protect witnesses who testify before it from retaliation by a party.