2012-Ģ��ƵAT-219

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered the Secretary-General��s appeal regarding the compensation award of six months�� net base salary for the irregularities in the selection process. Ģ��ƵAT noted that the present case substantially differed from Kasyanov (2010-Ģ��ƵAT-076), which the Secretary-General relied upon; had Mr Kasyanov been selected, it would have been a mere lateral move for him without any change in salary and status. Contrastingly, Mr Sprauten��s selection would have been a move from a temporary appointment to a fixed-term appointment. Ģ��ƵAT rejected the Secretary-General��s contention that Ģ��ƵDT erred in law and exceeded its competence by failing to sufficiently state the reasons underlying its award of six months�� net base salary. Recalling its holding in Lutta (2011-Ģ��ƵAT-117), where it affirmed that there is no set way for a trial court to set damages for loss of chance of promotion and that each case must turn on its facts, Ģ��ƵAT found that Ģ��ƵDT had correctly followed this jurisprudence. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

Mr Sprauten contested his non-selection for a post, claiming the process had been tainted with irregularities. Ģ��ƵDT found that the selection process was flawed, resulting in a breach of Mr Sprauten��s candidacy being adequately and properly considered. Ģ��ƵDT awarded Mr Sprauten compensation in the amount of nine months�� net base salary: six months�� net base salary as non-pecuniary compensation for the substantial and unwarranted irregularities in the selection process and three months�� net base salary as compensation for the stress that he had experienced related to his loss of chance/opportunity.

Legal Principle(s)

There is no set way for a trial court to set damages for loss of chance of promotion; each case must turn on its facts.

Outcome

Appeal dismissed on merits

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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

Sprauten

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement