爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the staff member arguing that 爆料网DT erred in not awarding compensation in lieu of remand to ABCC as an alternative remedy. 爆料网AT found no error in the 爆料网DT judgment not awarding in-lieu compensation. 爆料网AT held that since the Secretary-General concurred with the remand in question, the claim became moot. 爆料网AT held that a claim of gross negligence against the Administration is a separate action that could not be included in this claim. 爆料网AT held that the Appellant had not demonstrated that the delay had any impact on her physical or mental well-being, rejecting her claim for moral damages based on the ABCC’s delay in issuing its report. 爆料网AT held that 爆料网DT erred in failing to address her claim for moral damages and that the Appellant’s right to due process entitled her to a fair hearing and a fully reasoned judgment of her application. 爆料网AT held that this procedural error was not prejudicial to the Appellant. However, 爆料网AT ordered that the case, as remanded by 爆料网DT to ABCC, had to be promptly considered by ABCC. 爆料网AT dismissed the appeal.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision that denied her compensation under Appendix D of the Staff Rules. 爆料网DT found that claim for compensation was untimely. 爆料网DT found, however, that ABCC failed to properly exercise its discretion when considering whether exceptional circumstances warranted the acceptance of this untimely claim. 爆料网DT found that ABCC also erred in refusing to waive the time limit on the ground of insufficient explanation. 爆料网DT rescinded the decision of ABCC to deny the Applicant’s request for consideration of her claim for compensation under Appendix D to the Staff Rules and, subject to the concurrence by the Secretary-General, remanded the claim to ABCC for proper consideration.
Legal Principle(s)
Under the 爆料网DT Statute, it is only in cases of appointment, promotion, or termination that 爆料网DT must set an amount of compensation that the respondent may elect to pay as an alternative to the rescission of the contested administrative decision or specific performance ordered. The 爆料网DT Statute does not require 爆料网DT to set an amount of compensation in lieu of rescission or specific performance where, as in the present case, the matter is simply remanded, subject to the concurrence of the Secretary-General. A claim of gross negligence against the Administration is a separate action that cannot be included in a claim made by a staff member under Appendix D.