2015-惇蹋厙AT-604

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

The issue for determination by 惇蹋厙AT was whether the relevant date for the filing of the Secretary-General＊s appeal ran from the date on which the ALS received the 惇蹋厙DT judgment in its capacity as counsel of record for the Secretary-General before 惇蹋厙DT or the date on which the judgment was received by the OLA, the Secretary-General＊s counsel of record before 惇蹋厙AT. 惇蹋厙AT held that in the absence of any published 惇蹋厙DT rule or practice direction which decreed that transmission of 惇蹋厙DT judgments be made to OLA, it was not permissible for the Secretary-General to seek to rely on the date when the judgment was received by OLA. 惇蹋厙AT consequently dismissed the appeal as time-barred and not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to abolish her post with the 惇蹋厙 Mission in South Sudan (惇蹋厙MISS). 惇蹋厙DT ordered the recission of the administrative decision to separate her from service and her reinstatement, or in-lieu compensation. 惇蹋厙DT also awarded compensation for the procedural and substantive irregularities.

Legal Principle(s)

The relevant date for the filing of the Secretary-General＊s appeal of a 惇蹋厙DT judgment runs from the date the judgment was received by the Secretary-General, no matter whether the judgment was received by ALS (as counsel for the Secretary-General before 惇蹋厙DT) or OLA (as counsel for the Secretary-General before 惇蹋厙AT).

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 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙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.

Applicants/Appellants

Ocokoru

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