2010-Ģ��ƵAT-070

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal that centred on whether the Appellant should be awarded enhanced compensation of three months�� net base salary. Ģ��ƵAT held that Ģ��ƵDT did not make a reversible error in declining to award compensation for moral suffering. Ģ��ƵAT held that the case was distinguishable from Mebtouche (Ģ��ƵDT/2009/039), where the Applicant, Mr Mebtouche, had already retired and had no chance of being promoted, therefore enhanced compensation was justified. Ģ��ƵAT held that enhanced compensation could not be awarded to the Appellant. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to promote him. Ģ��ƵDT found for the Applicant, ordering rescission of the decision and compensation.

Legal Principle(s)

A staff member has the right to full and fair consideration for promotion, not to a promotion.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Andrysek

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement