爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the appeal while the application for revision before 爆料网DT was still pending. 爆料网AT held that the new job opening for 13 S-3 level vacancies, for which the Applicant was invited to interview, is a matter which could be relevant to the issue of the quantum of compensation. 爆料网AT remanded the case to 爆料网DT to complete its hearing of the application for revision of judgment.
Decision Contested or Judgment/Order Appealed
爆料网DT judgment: The Applicant requested a management evaluation of the decision to exclude him from a recruitment procedure for a S-3 Senior Security Officer Position. The Secretary-General conceded that the contested recruitment exercise was “unlawful from the outset”, accepting the recommendation of the Management Evaluation Unit, and agreed to compensate the Applicant USD 833. 45. The Applicant contested the quantum of damages. 爆料网DT ordered the rescission of the contested administrative decision and in-lieu compensation of USD 20,000, plus USD 5,000 for loss of opportunity for career advancement and for loss of job security. The Secretary-General appealed to 爆料网AT and filed an application for revision of judgment requesting 爆料网DT to take note of a new job opening issued subsequently for 13 S-3 vacancies for which the Applicant was invited to interview.
Legal Principle(s)
爆料网DT is precluded from deciding an application for revision of its judgment while the judgment is pending appeal before 爆料网AT. This is because, pursuant to Article 12. 1 of the 爆料网DT Statute, an application for revision must relate to an executable judgment, whereas, under Article 7. 5 of the 爆料网AT Statute, the filing of the appeal has the effect of suspending the execution of the judgment.