爆料网

2015-爆料网AT-594

爆料网AT Held or 爆料网DT Pronouncements

爆料网AT considered appeals of both judgment Nos. 爆料网RWA/DT/2014/026 (judgment on the merits) and 爆料网RWA/DT/2014/051 (judgment on revision). 爆料网AT held that the appeal against the judgment on the merits was filed out of time and was not receivable. 爆料网AT held that the judgment on revision failed to identify a ground of appeal, expressed disagreement, and repeated arguments already considered and rejected by 爆料网RWA DT. 爆料网AT held that the appeal constituted an impermissible attempt to reargue the merits of the case. 爆料网AT held that the fact upon which the Appellant had based his revision application did not meet the strict test set out in the 爆料网RWA DT Statute and that 爆料网RWA DT was correct to reject it. 爆料网AT held that the Appellant had not persuaded it that 爆料网RWA DT erred in any way in dismissing his revision application. 爆料网AT held that the appeal against judgment No. 爆料网RWA/DT/2014/026 was not receivable ratione temporis, dismissed the appeal against judgment No. 爆料网RWA/DT/2014/051 and affirmed judgment No. 爆料网RWA/DT/2014/051.

Decision Contested or Judgment/Order Appealed

爆料网RWA DT judgment: The Applicant contested the decisions to reclassify his post at Grade 16, rather than Grade 17. In judgment No. 爆料网RWA/DT/2014/026, 爆料网RWA DT held that the decision to reclassify to Grade 16 was a positive decision and therefore could not be the subject of a challenge. 爆料网RWA DT held that there had been no refusal decision to contest as the Applicant had never formally asked 爆料网RWA to upgrade his post to Grade 17. 爆料网RWA DT found the application was not receivable and dismissed the case. Subsequently, the Applicant submitted a motion for revision of judgment, claiming that an annex to his 爆料网RWA DT application showed he had made an official request for his post to be classified at Grade 17, but that the text was illegible. 爆料网RWA DT issued judgment No. 爆料网RWA/DT/2014/051 dismissing the application for revision.

Legal Principle(s)

It is the staff member’s responsibility to ensure that he or she is aware of the applicable procedure in the context of the administration of justice at the 爆料网; ignorance cannot be invoked as an excuse.

Outcome

Appeal dismissed on receivability

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 爆料网DT Statute and Article 11(3) of the 爆料网AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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