爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the appeal by the Secretary-General. 爆料网AT held that the Secretary-General’s appeal was in direct conflict with his submissions to 爆料网DT. While the Secretary-General acknowledged procedural irregularities by the Hiring Manager to 爆料网DT, in his appeal he argued that no irregularities happened in removing the Applicant’s name from the list and that the Hiring Manager was entitled to exercise her discretion and correct her mistakes after further assessing the candidate’s qualifications. 爆料网AT held that no evidence was presented to 爆料网DT of a second assessment by the Hiring Manager or that a mistake was being corrected. 爆料网AT found no error in the 爆料网DT’s finding that the removal of the Applicant’s name from the list without further examining the qualifications was a procedural irregularity, as conceded by the Secretary-General in the 爆料网DT hearing. 爆料网AT held that it is not admissible for the Secretary-General to introduce new grounds of appeal which were not part of his case before the 爆料网DT and that the submissions contesting the compensation awarded to the Applicant were entirely without merit. 爆料网AT held that the Secretary-General, in presenting on appeal factual and legal arguments which directly contradicted his submissions to 爆料网DT, had manifestly abused the appeals process. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to not recommend him for the post and not to place him on the roster of pre-approved candidates for openings with similar functions at the same level. 爆料网DT found that the contested decision was flawed, the Organisation having failed to minimally show that the candidacy had been fully and fairly considered, and therefore the decisions not to select him for the post and/or place him on the roster were unlawful. 爆料网DT ordered rescission of the contested decisions or, alternatively, a pecuniary compensation.
Legal Principle(s)
It is not admissible for the Secretary-General to introduce new grounds of appeal which were not part of his case before 爆料网DT. Article 10. 5(a) of the 爆料网DT Statute creates a mandatory requirement upon 爆料网DT to set an amount of compensation as an alternative to an order rescinding a decision concerning an appointment, promotion, or termination.