2011-Ģ��ƵAT-183

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General limited to the quantum of compensation awarded. Ģ��ƵAT held that the termination indemnity paid to Mr Bowen should be deducted from the compensation awarded to him as an alternative to rescission. Ģ��ƵAT held that the compensation awarded by Ģ��ƵDT was excessive, noting that the decision only affected the three remaining months of his one-year term and that termination indemnity was paid. Ģ��ƵAT held that Mr Bowen had not produced evidence of exceptional circumstances that would justify the award of compensation equivalent to the maximum statutory limit of two years�� net base salary. Ģ��ƵAT held that it was adequate to reduce the compensation to six months�� net base salary. Ģ��ƵAT held that the appeal was not an abuse of process by the Secretary-General and rejected Mr Bowen��s request for costs. Ģ��ƵAT allowed the appeal in part. Ģ��ƵAT deducted the termination indemnity paid, in addition to the payment effectuated in lieu of notice, from the compensation awarded to the Appellant as an alternative to reinstatement; and reduced the compensation awarded for the effects of the early termination from two years to six months�� net base salary.

Decision Contested or Judgment/Order Appealed

Mr. Bowen contested the decision to terminate his appointment on grounds of performance. Ģ��ƵDT found, in part, in favour of the Applicant, ordering rescission of the decision (or compensation in lieu) and compensation.

Legal Principle(s)

Left deliberately blank

Outcome

Appeal granted in part

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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

Bowen

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement