爆料网AT Held or 爆料网DT Pronouncements
As a preliminary matter, in response to the Appellant’s request for interim measures, in which she requested that the Secretary-General complied with the 爆料网DT judgment insofar as it had not been appealed against, 爆料网AT denied the motion on the basis that execution should have been requested before 爆料网DT. On the Appellant’s motion to strike assertions and evidence, 爆料网AT noted that the Appellant was supplementing her appeal, and denied the motion. On the merits, 爆料网AT held that the appeal was limited to the request for further compensation, as per the Appellant’s Power of Attorney document, and that all her other claims were not receivable. On the Appellant’s claim that the judgment failed to set in-lieu compensation as an alternative to rescission, 爆料网AT held that it is only required when the contested administrative decision concerns appointment, promotion or termination and that therefore there was no error and the Appellant’s appeal on the matter must fail. On the Appellant’s claim of specific performance in the form of payment of sick leave entitlements which had not been exhausted, 爆料网AT held that the claim failed. On the Appellant’s other claims, including the request to increase the amount of costs awarded, 爆料网AT held that the Appellant failed to establish any errors of law or of fact leading to a manifestly unreasonable decision by the 爆料网DT. 爆料网AT held that it would defer to 爆料网DT on the amount of costs awarded. 爆料网AT took note of the recent issuance ST/AI/2019/1 on resolution of disputes relating to medical determinations that occurred after the issuance of 爆料网DT judgment and recommended that the Administration review the applicability of it to the Appellant’s situation, as the matter remained unresolved. 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 not to recommend her for consideration for a disability benefit by the 爆料网SPC. 爆料网DT rescinded the decision on grounds that it was illegal since the decision relied upon the report of an Independent Medical Examination, which it found was a result of unlawful procedures. 爆料网DT noted that there was a deficiency in the regulatory regime as there was no mechanism to address party disagreement over the Medical Board composition and exceptionally awarded costs USD 5,000 to the Applicant for the deficiency having resulted in a long and abusive proceeding even though it did not award damages to her.
Legal Principle(s)
Except where a rescinded administrative decision concerns appointment, promotion, or termination, there is no requirement for 爆料网DT or 爆料网AT to establish in-lieu compensation as an alternative to the rescission.