爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that 爆料网DT had not failed to properly exercise its jurisdiction by refusing to convene a second case management discussion. 爆料网AT held that, regarding the question of whether 爆料网DT failed to address the Appellant’s factual arguments challenging the legality of the abolition of her post, the appeal was without merit; the Appellant only reargued her case and did not establish that 爆料网DT erred in fact or in law about this issue. 爆料网AT held, however, that 爆料网DT erred in deciding that the Appellant had failed to rebut the presumption that the selection of Mr D R-B, given that the selected candidate was a similarly situated colleague, with less seniority and experience, was regular and dismissed her claim that the termination was unlawful. 爆料网AT held that the reassignment of Mr D R-B was not compliant with the gender policy and that the Administration did not demonstrate that all reasonable efforts had been made to consider the Appellant for available suitable posts. 爆料网AT held that the previous medical reports established the stress, harm, and anxiety that the Appellant had suffered, which could reasonably be attributed to the conditions of termination, the gender policy violation, and the due process rights breaches. 爆料网AT granted the appeal in part. The decision to terminate the Appellant’s fixed-term appointment was rescinded, and the Secretary-General was ordered to reinstate the Appellant on similar terms and conditions of employment or, alternatively, to pay compensation in lieu. 爆料网AT granted the Appellant compensation for moral damages.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to terminate her fixed-term appointment with 爆料网 Organisation Stabilization Mission in the Democratic Republic of the Congo (MONUSCO). 爆料网DT found that the Secretary-General met the minimal standard of proof that the abolition of the Applicant’s post and her non-placement on another suitable post had been done in accordance with the Regulations and Rules. 爆料网DT concluded that the Applicant had failed to discharge her legal duty to prove with clear and convincing evidence that the abolition of her post and non-placement on a suitable position were marred by irregularities entitling her to a remedy. 爆料网DT dismissed the application in its entirety.
Legal Principle(s)
爆料网DT has broad discretion with respect to case management. As the court of first instance, 爆料网DT is in the best position to decide what is appropriate for the fair and expeditious disposal of a case and do justice to the parties. 爆料网AT will not interfere lightly with the broad discretion of 爆料网DT in the management of cases. 爆料网AT emphasizes that the appeals procedure is of a corrective nature and, thus, is not an opportunity for a dissatisfied party to reargue his or her case.