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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General which was limited to the Ä¢¹½ÊÓƵDT¡¯s award of compensation in lieu of rescission, which he claimed was excessive. Ä¢¹½ÊÓƵAT held that since the Secretary-General did not contest Ms Sarrouh¡¯s claim for compensation before Ä¢¹½ÊÓƵDT, he could not raise the issue on appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s award of in-lieu compensation was based on the uncontested evidence before it and as such, its findings were not unreasonable and it did not commit any error in its assessment of the compensation award. Ä¢¹½ÊÓƵAT held that in the absence of any error of law or manifestly...

Ä¢¹½ÊÓƵAT held, agreeing with Ä¢¹½ÊÓƵDT, that the Administration should have removed the offending minutes, written to all recipients of the minutes withdrawing the damaging allegations against Mr. Awe, and/or simply forwarded the fact-finding panel¡¯s report to the participants of the SMT meeting and recipients of the minutes. Ä¢¹½ÊÓƵAT held that the reprimand in the offender¡¯s file and the private apology did not constitute appropriate relief for the restoration of Mr. Awe¡¯s reputation and career. Ä¢¹½ÊÓƵAT considered that any action was taken against Mr. Rutgers (managerial or disciplinary) could have only...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that although Ä¢¹½ÊÓƵDT did not expressly rescind the impugned decision to withdraw the offer of appointment, the award of compensation in lieu of rescission could be read as an implied order of rescission. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT gave no reasoning for the calculation of compensation, nor did it specify what amount corresponded to in-lieu compensation and what amount as compensation for loss of opportunity. Ä¢¹½ÊÓƵAT awarded three months¡¯ net base salary as compensation in lieu of rescission of the impugned decision to withdraw the offer of...

As a preliminary issue, Mr Chhikara brought a motion seeking leave to adduce additional evidence in the form of an affidavit setting out his credentials for the post and credentials of the selected candidate, claiming that he was not aware that this information was relevant at the time he made his initial submissions. Ä¢¹½ÊÓƵAT refused this motion on the basis that no exceptional circumstances were demonstrated and that Mr Chhikara¡¯s explanation that he only realized the relevance of additional evidence after the Ä¢¹½ÊÓƵDT decision did not escape the fact that it was known to him at the time. As another...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to contesting the award by Ä¢¹½ÊÓƵDT of three months¡¯ net base salary as compensation for damage to Ms Haroun¡¯s career prospects. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun¡¯s separation from service. Ä¢¹½ÊÓƵAT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances...

Ä¢¹½ÊÓƵAT considered an application to Ä¢¹½ÊÓƵAT contesting the Conciliation Committee¡¯s decision to recommend compensation of USD 35,000. Ä¢¹½ÊÓƵAT dismissed the motion of Ms Cohen seeking reconsideration of a Ä¢¹½ÊÓƵAT Order granting the ICJ Registrar additional time to file his answer. On Ms Cohen¡¯s application for permission to reply to the ICJ Registrar¡¯s answer on the grounds that neither the ICJ Registrar nor the Conciliation Committee addressed the testimony on record in their decisions, Ä¢¹½ÊÓƵAT considered that exceptional circumstances existed and granted the motion. Ä¢¹½ÊÓƵAT held that, absent a successful...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal by a full bench of Ä¢¹½ÊÓƵAT. The majority of the judges upheld Ä¢¹½ÊÓƵDT¡¯s findings that the contested decisions were substantively and procedurally flawed and dismissed the appeal. As for Ä¢¹½ÊÓƵDT¡¯s moral damages award, the majority noted that the purpose of the amendment to Article 10. 5(b) of the Ä¢¹½ÊÓƵDT Statute, made following General Assembly Resolution 69/203, was to introduce an express requirement that compensation for harm can be awarded only when there is a sufficient evidentiary basis. The majority held that evidence of moral injury consisting...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law when it held that the amendment to Article 10(5)(b) of the Ä¢¹½ÊÓƵDT Statute, which requires harm to be supported by evidence for the award of damages, was not applicable because Ms Tsoneva had filed her application before the amendment entered into force on the basis that an award of damages takes place at the time the award is made. Ä¢¹½ÊÓƵAT noted that applying the amended statutory provision was not the retroactive application of law but rather, it was applying existing law. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law by not...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law when it held that the amendment to Article 10(5)(b) of the Ä¢¹½ÊÓƵDT Statute, which required harm to be supported by evidence for the award of damages, was not applicable because Ms Tsoneva had filed her application before the amendment entered into force, on the basis that an award of damages takes place at the time the award is made. Ä¢¹½ÊÓƵAT held that applying the amended statutory provision is not the retroactive application of law but rather, it is applying existing law. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law by not...

On the amount of compensation in lieu of rescission, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly applied Article 10(5) of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT held that there was no fault with the Ä¢¹½ÊÓƵDT¡¯s award of compensation of USD 2,000, noting that Ä¢¹½ÊÓƵDT considered the chances of success as well as the difference of net base salary between the one Mr. Krioutchkov received at his current grade and step and his potential income as of the relevant date, limited the projection of the difference in salary to two years. Ä¢¹½ÊÓƵAT held that absent any error of law or manifestly unreasonable factual findings Ä¢¹½ÊÓƵAT would not...