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 held that the decision to terminate Mr Alsado due to abolition of post was never implemented because he obtained another position with the Organisation and that this rendered moot the Administration’s decision to terminate him. 爆料网AT held that the administrative decision was no longer a live issue and 爆料网DT was not competent to pass judgment on the application. 爆料网AT held that 爆料网DT made an error of law when it found Mr Alsado’s application receivable. 爆料网AT held that in light of the 爆料网DT’s error in receiving the application, the 爆料网DT’s findings on the merits of the staff member’s claims and the award of damages to the staff member were ultra vires and could not stand. 爆料网AT granted the Secretary-General’s appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
Mr Alsado contested the decision to abolish his post and terminate his permanent appointment. 爆料网DT found that the application was receivable and that the Organisation committed material irregularities and failed to act fully in compliance with the legal framework by subjecting Mr Alsado to the requirement of competing for available posts against other, non-permanent staff members.
Legal Principle(s)
Applying the doctrine of mootness is consistent with the purpose behind the establishment of the two-tier system of administration of justice, which was to adjudicate existing disputes, not to interpret the law when there is no live dispute before it.