蘑菇视频AT Held or 蘑菇视频DT Pronouncements
蘑菇视频AT considered an appeal by the Secretary-General and a cross-appeal by Mr Bertucci. Recalling that compensation in the absence of actual injury is without legal basis, 蘑菇视频AT held that 蘑菇视频DT erred in law. However, acceding in part to the cross-appeal by Mr Bertucci, 蘑菇视频AT held that when the disciplinary procedure does not bear out allegations against a staff member that may have been considered during a preliminary investigation, entitlements that may have been lawfully withheld pursuant to administrative instruction ST/AI/2004/3 must be paid in full, including interest. 蘑菇视频AT held that the award of USD 500 in compensation represents a fair assessment of the injury suffered by Mr Bertucci due to the non-payment of interest. 蘑菇视频AT dismissed the appeal and the remainder of the cross-appeal and affirmed the 蘑菇视频DT judgment based on the substitution of grounds.
Decision Contested or Judgment/Order Appealed
Mr Bertucci contested the withholding of payment due to him upon retirement to hold him financially responsible for alleged negligence. Subsequently, negligence was not imputed to him and the amount due to him was paid. 蘑菇视频DT found that the payment had been legally withheld and that Mr Bertucci had suffered no prejudice, however, it awarded him compensation in the amount of USD 500.
Legal Principle(s)
Compensation in the absence of actual injury is without a legal basis.