2010-Ģ��ƵAT-095

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered the appeal by the Secretary-General on the compensation awarded. Ģ��ƵAT considered the cross-appeal by Ms Antaki, regarding Ģ��ƵDT��s finding that the decision not to appoint her was valid and lawful, in a separate judgment (judgment No. 2010-Ģ��ƵAT-096). Ģ��ƵAT held that, despite the shortcomings in the process, the decision not to appoint Ms Antaki was both valid and lawful, which should have precluded Ģ��ƵDT from awarding any compensation. Ģ��ƵAT held that Ģ��ƵDT erred in awarding compensation in the absence of any procedural errors in the selection process, or a breach of legal rights. Ģ��ƵAT allowed the appeal and vacated the Ģ��ƵDT judgment regarding the award of compensation.

Decision Contested or Judgment/Order Appealed

Ģ��ƵDT judgment: Ms Antaki requested an administrative review of the decision not to appoint her to a P-5 post and claimed that she had been improperly excluded from the promotion. Ģ��ƵDT found that the decision not to appoint her was valid and lawful. However, Ģ��ƵDT found that there was ��inappropriate imprecision and confusion of the matrices�� which contributed to Ms Antaki��s frustration and justified an award of compensation. Ģ��ƵDT awarded Ms Antaki compensation.

Legal Principle(s)

Not every violation will necessarily lead to an award of compensation. Compensation may only be awarded if it has been established that the staff member actually suffered damages.

Outcome

Appeal granted

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Applicants/Appellants

Antaki

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement