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. 蘑菇视频AT held, in agreement with the Secretary-General, agreed that there were no grounds to award compensation. 蘑菇视频AT noted that there was no administrative decision being contested in this case, as both parties accepted the decision to promote Ms Kamal and she had not identified any illegality that could lead to an award of compensation. 蘑菇视频AT found that the delay in completing the selection process could not be considered a valid ground for compensation, since the circumstances of the case did not show any negligence or violation of specific rules by the Administration. 蘑菇视频AT held that, in light of the moral satisfaction arising from the outcome of the selection process, which was fair and competitive, Ms Kamal could not have suffered special damage from this opportunity. 蘑菇视频AT allowed the appeal and vacated the 蘑菇视频DT judgment.
Decision Contested or Judgment/Order Appealed
Ms Kamal filed an application, complaining about the circumstances surrounding her promotion. 蘑菇视频DT dismissed her claim that the Administration’s decision to suspend the selection process, and to withdraw the recommendation to the Central Review Body to promote Ms Kamal, was illegal. 蘑菇视频DT also dismissed Ms Kamal’s claim that the decision to cancel the vacancy announcement for a second time was unjustified and harmed her. However, 蘑菇视频DT found that the inordinate delay and failure to provide her with a timely response to her enquiries caused her much anxiety and distress. ” 蘑菇视频DT awarded compensation to Ms Kamal for the emotional distress and anxiety suffered.
Legal Principle(s)
A delay in completing the selection process cannot be considered a valid ground for compensation when the circumstances of the case do not show any negligence or violation of specific rules by the Administration.