爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General which was limited to the 爆料网DT’s award of compensation in lieu of rescission, which he claimed was excessive. 爆料网AT held that since the Secretary-General did not contest Ms Sarrouh’s claim for compensation before 爆料网DT, he could not raise the issue on appeal. 爆料网AT held that 爆料网DT’s award of in-lieu compensation was based on the uncontested evidence before it and as such, its findings were not unreasonable and it did not commit any error in its assessment of the compensation award. 爆料网AT held that in the absence of any error of law or manifestly unreasonable factual findings, 爆料网AT would not interfere with the discretion vested in 爆料网DT to decide on a remedy. 爆料网AT rejected Ms Sarrouh’s claim for costs on the ground that the Secretary-General’s appeal fell well short of manifest abuse of the appeals process. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
Ms Sarrouh contested the decision to end her assignment with the Bureau for Policy and Programme Support (BPPS) and to abolish the post she was encumbering. 爆料网DT held that this decision was unlawful since Ms Sarrouh had not been assigned to a post with BPPS at the time she received the contested decision. 爆料网DT concluded that the real reason for the Applicant’s termination was her extended sick leave. 爆料网DT rescinded the contested decision, granted compensation in lieu of rescission, and ordered moral damages.
Legal Principle(s)
A party is not permitted to raise new arguments at the appeal stage, nor can that party argue that the 爆料网DT erred on questions of fact or law with respect to allegations that were not raised before 爆料网DT for its consideration.