爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT held that the 爆料网DT correctly pointed out that the only remedy requested by the staff member in his application to the 爆料网DT was the rescission of the administrative decision not to transfer him. Only now on appeal does the staff member raise other claims and additionally requests payment of all salaries and benefits from the date of termination to the date of the 爆料网AT Judgment, including pension benefits and compensation for the material and moral harm inflicted on him, caused by harassment, mistreatment, and unlawful termination. His new requests on appeal cannot be accepted by the Appeals Tribunal. The 爆料网AT found that as the staff member’s appointment was terminated and he was separated from service, the 爆料网DT correctly found that his application against the prior decision not to transfer him was moot. Once he was separated from service, it was no longer possible to transfer him to another post and assign him to another supervisor. The issue of the lawfulness of the contested decision had lost all legal relevance, it was no longer a live issue. The 爆料网AT dismissed the appeal and affirmed Judgment No. 爆料网DT/2021/153.
Decision Contested or Judgment/Order Appealed
A former staff member contested the decision to decline his request to be assigned to a new supervisor. In Judgment No. 爆料网DT/2021/153, the 爆料网DT rejected his application as moot. The staff member appealed.
Legal Principle(s)
An appellant cannot bring new claims and arguments before the Appeals Tribunal which were not part of the proceedings before the 爆料网DT. A judicial decision will be moot if any remedy issued would have no concrete effect because it would be purely academic or events subsequent have deprived the proposed resolution of the dispute of practical significance.
Outcome
Outcome Extra Text