2012-Ģ��ƵAT-192

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered appeals from both the Secretary-General and M Akyeampong on the issue of whether Ms Akyeampong could be denied a promotion on account of the two reprimands. Ģ��ƵAT held that the two reprimands had not been an obstacle to Ms Akyeampong filling a D-1 position or being recommended for a promotion. Moreover, Ģ��ƵAT held that the presence of the two reprimands had not debarred her from being promoted during the 2009 annual promotion session. Ģ��ƵAT allowed Ms Akyeampong��s appeal in part, rescinded the impugned decision and dismissed the Secretary-General��s appeal, with Judge Weinberg de Roca dissenting.

Decision Contested or Judgment/Order Appealed

Ms Akyeampong contested the decision to not promote her. Ģ��ƵDT found that the High Commissioner committed a procedural irregularity in the promotion session. Ģ��ƵDT rescinded the contested decision and ordered compensation as an alternative to the rescission. Ģ��ƵDT rejected Ms Akyeampong��s claim for material damages. Ģ��ƵDT rejected Ms Akyeampong��s claim for moral damages, finding that Ms Akyeampong had no chance of being promoted even if no irregularity had occurred.

Legal Principle(s)

A reprimand is not an adverse entry like an entry relating to sanction post-disciplinary proceedings. A reprimand is recorded in the staff member��s file to serve as a reminder and should the staff member commit misconduct again, the Administration may administer a harsher sanction.

Outcome

Appeal dismissed on merits; Appeal granted in part

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Applicants/Appellants

Akyeampong

Entity

Case Number(s)

Tribunal

Registry