爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the appeal by the Secretary-General. 爆料网AT held that despite acknowledging that under 爆料网AT’s jurisprudence, a rebuttal panel is not a technical body, 爆料网DT declined to follow its jurisprudence. 爆料网AT held that 爆料网DT had erred by waiving the management evaluation as a receivability requirement. 爆料网AT held that 爆料网DT exceeded its jurisdiction, and made an error of law when it received an application, which was not receivable ratione materiae. 爆料网AT upheld the appeal was upheld and vacated the 爆料网DT judgment in its entirety.
Decision Contested or Judgment/Order Appealed
The Applicant challenged his performance evaluation for the period of 1 April through 31 December 2011. 爆料网DT found that, despite the Applicant’s failure to seek management evaluation, the application was receivable. 爆料网DT rescinded the Applicant’s performance appraisal and ordered that its judgment be placed in his Official Status File.
Legal Principle(s)
爆料网DT does not have authority to disregard the 爆料网AT’s jurisprudence, which is stare decisis and must be followed. Under 爆料网AT’s jurisprudence, a rebuttal panel is not a technical body. 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 United Nations. Ignorance cannot be invoked as an excuse.