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 爆料网DT erred in reopening a matter that had already been the subject of a final judgment of 爆料网AT. 爆料网AT considered that 爆料网DT exceeded its competence and erred in law by making its own determination of Mr Sarwar’s harassment complaint, emphasising that the role of the Tribunal is not to substitute its own decision for that of the Administration. 爆料网AT held that 爆料网DT erred when it rescinded the contested decision to close the matter underlying the Appellant’s formal complaint, and when it ruled that there was no need for a new investigation as the Appellant was found to be the victim of harassment and abuse of authority. 爆料网AT held that 爆料网DT erred by finding that there had been unlawful procedural delays with respect to reviewing Mr Sarwar’s harassment complaint and that the Investigation Panel had made a commitment to hold a second interview with Mr Sarwar, and that such delay and the decision not to hold a second interview did not amount to a breach of ST/SGB/2008/5. On the issue of compensation, 爆料网AT held that 爆料网DT erred in law and exceeded its jurisdiction when awarded the Appellant moral damages, given that there was no causal link between the moral harm alleged and the medical evidence presented. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to reject his formal complaint of harassment and abuse of authority against the First and Second Reporting Officers (FRO and SRO). 爆料网DT held that the Investigation Panel incorrectly found that there had been no harassment or abuse of authority within the meaning of ST/SGB/2008/5. 爆料网DT found that there had been procedural irregularities. 爆料网DT rescinded the contested decision to close the matter underlying the Applicant’s formal complaint and held that there was no need for a new investigation as the Applicant was found to be the victim of harassment and abuse. 爆料网DT awarded moral damages.
Legal Principle(s)
爆料网DT exceeds its jurisdiction when it reopens a matter that has already been the subject of a final judgment of 爆料网AT. It is not the role of 爆料网DT to substitute its own decision for that of the Administration. 爆料网DT does not have the jurisdiction to conduct a de novo investigation into a harassment complaint and to substitute its own decision for that of the Secretary-General.