爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the staff member’s application for correction of judgment. The staff member claimed that there was a mistake in paragraph 2 of the former 爆料网AT judgment, contending that it erroneously refers to the COS instead of the CMS. The staff member also contended that the reference to MINUSCA on page 4 is erroneous since the mission he was assigned to was MINUSMA. 爆料网AT noted that paragraph 2 of the judgment merely quoted the facts “as found by the Dispute Tribunal”, with a footnote reference to the paragraphs quoted from the 爆料网DT judgment. 爆料网AT further noted that the Secretary-General was correct in arguing that the staff member could have and should have addressed any inaccuracies at the time of his initial appeal and, by failing to do so, the staff member is now estopped from alleging inaccuracies in the 爆料网DT judgment. Moreover, 爆料网AT noted that the modification or correction of the alleged mistakes that are being raised for the first time would not have any bearing on the outcome of the judgment because they were only mentioned as a report of the facts and procedural background of the judgment, neither in the considerations nor in the conclusion. 爆料网AT held that there is no basis for it to find that the two sentences referred to constitute clerical or accidental errors that would require it to issue a correction of judgment. 爆料网AT accordingly dismissed the application.
Decision Contested or Judgment/Order Appealed
Previous 爆料网AT judgment: The Secretary-General appealed the 17 January 2017 爆料网DT judgment, asserting that 爆料网DT erred in law by requiring the Special Representative of the Secretary-General to refer for disciplinary action the case of the COS of the 爆料网AMI to the Assistant Secretary-General, Office of Human Resources Management, and by awarding the individual USD 3,000 as compensation for the lack of such a referral. The Secretary-General also asserted that 爆料网DT also erred by ruling that the contents of the minutes of the SMT meeting held at 爆料网AMI on 22 January 2014 had to be retracted in order to fully address the individual’s complaint and by awarding USD 15,000 for “stress and moral injury” allegedly caused by the offending remarks in the SMT meeting minutes. 爆料网AT held that 爆料网DT did not err in ordering the removal of the offending references to the individual in the SMT meeting minutes and in informing all recipients of those minutes of the findings of the FFP. 爆料网AT also reduced the amount of compensation that 爆料网DT awarded the individual from USD 15,000 to USD 5,000. 爆料网AT vacated 爆料网DT’s award of compensation for the lack of a referral of the COS for disciplinary proceedings.
Legal Principle(s)
In applications for correction of judgments, inaccuracies must be addressed at the time of an initial appeal, otherwise, an applicant is estopped from alleging them in the future. An application seeking review of a final judgment rendered by 爆料网AT can only succeed if it fulfils the strict and exceptional criteria established under Article 11 of the 爆料网AT Statute.