爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. 爆料网AT affirmed, albeit on different grounds, the 爆料网DT award of compensation to Mr Pirraku. 爆料网AT observed that the issues surrounding Mr Pirraku’s non-promotion should not have been presented to, or addressed by, 爆料网DT. 爆料网AT held that the issues regarding Mr Pirraku’s non-promotion were the subject of a settlement and release agreement reached through mediation and, as such, were not subject to judicial review. 爆料网AT held that the issue for 爆料网DT’s determination was the execution of the settlement agreement. 爆料网AT held that the issues of compensation relating to the partial non-execution of the agreement and the delays in its implementation were properly before 爆料网DT, which did not err in exercising its jurisdiction concerning these issues. 爆料网AT held that the compensation in the amount of six months’ net base salary awarded by 爆料网DT was adequate in the circumstances of the case and fairly reflected the prejudice suffered by the staff member. 爆料网AT dismissed the appeal and affirmed the award of compensation in the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
Mr Pirraku challenged his non-promotion. The issues surrounding the non-promotion were the subject of a settlement and release agreement reached through mediation. 爆料网DT found for Mr Pirraku, awarding compensation.
Legal Principle(s)
An application shall not be receivable if the dispute arising from the contested decision has been resolved by an agreement reached through mediation.