爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by Mr Garbo and a cross-appeal by the Secretary-General. 爆料网AT held that 爆料网DT was correct to hold that Mr Garbo’s appointment was not terminated. 爆料网AT held that 爆料网DT should not have rescinded the decision placing him on SLWFP. 爆料网AT held that 爆料网DT had correctly held that the SLWFP decision had been rendered moot because the employment relationship had ceased and the special leave had been consumed. 爆料网AT held that 爆料网DT correctly rejected the Appellant’s claim for compensation as there was no direct link between the SLWFP decision and the termination indemnity. 爆料网AT held that Mr Garbo did not receive termination indemnity because he was not terminated and the SLWFP decision itself did not cause any material harm to him. 爆料网AT held that, as 爆料网DT dismissed the application, the Secretary-General was not adversely affected by the judgment and therefore the cross-appeal was not receivable. 爆料网AT dismissed the appeal, dismissed the cross-appeal, and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to place him on Special Leave with Full Pay (SLWFP) for two months and, in addition, requested termination indemnity. The context of this decision was the drawdown and phased closure of 爆料网AMID. 爆料网DT found that the applicable framework for the abolishment of the post did not confer upon a staff member a right to have a termination as the modality of separation and that accordingly, there was no basis for payment of a termination indemnity. As for placing the Applicant on SLWFP until the expiry of his fixed-term appointment, 爆料网DT found no support in the jurisprudence to use SLWFP as a generic cost-saving alternative to termination or a default modality for downsizing and therefore found the decision to be unlawful. 爆料网DT found no basis for rescinding the contested decision despite it being unlawful, given that the SLWFP had been consumed and the employment relationship had ceased, rendering the question moot. 爆料网DT dismissed the application.
Legal Principle(s)
Termination is a separation from service which marks the end of all employment relations between a staff member and the 爆料网. A staff member cannot request termination indemnity while at the same time keeping the advantages and benefits of remaining a staff member. 爆料网DT may only award compensation if the harm in question was caused by the administrative decision challenged by the staff member.