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 allowed the appeal on the grounds that 爆料网DT erred in reaching the merits of the present case in circumstances where it had confirmed by Order that it would only address receivability as a preliminary issue. 爆料网AT held that it disagreed with 爆料网DT on the matter of receivability and that there was no administrative decision capable of being appealed before 爆料网DT. 爆料网AT held that the administrative decision Mr Saffir impugned did not deprive him of his work or affect his function; it was limited to announcing recruitment round to fill three of the 19 positions considered necessary for a restructuring exercise. 爆料网AT held that, in the absence of any direct impact or negative consequences for Mr Saffir or his terms of appointment, it was not appealable by him. 爆料网AT held that, as the Administration had rescinded the impugned decision, this rendered the claim before 爆料网DT moot. 爆料网AT held that it was legally impermissible for 爆料网DT to rule on the merits of the matter and award compensation since, firstly, 爆料网DT lacked jurisdiction and secondly, even if it were an administrative decision, 爆料网DT had determined that the receivability issue would be addressed as a preliminary matter without going into the merits. 爆料网AT allowed the appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
Mr Saffir contested the decision to initiate the recruitment of 19 candidates for the future operation of the Publishing Section without the prior approval and authorisation of the General Assembly. 爆料网DT issued an Order granting a motion for leave to have receivability considered as a preliminary issue. 爆料网DT subsequently found in favour of Mr Saffir and awarded compensation for the anxiety and stress he suffered.
Legal Principle(s)
A reviewable administrative decision is one that has a direct impact and negative consequences on a staff member affecting his or her terms of appointment or contract of employment.