2012-罌厭弝ⅰAT-220

罌厭弝ⅰAT Held or 罌厭弝ⅰDT Pronouncements

罌厭弝ⅰAT held that 罌厭弝ⅰDT＊s approach, in determining the amount of compensation to be awarded to the Appellant, was reasonable. 罌厭弝ⅰAT relied on its holding in Hastings (2011-罌厭弝ⅰAT-109), where it held that the trial court is in a much better position than 罌厭弝ⅰAT in assessing the probabilities of a candidate being selected for a position. 罌厭弝ⅰAT also found that 罌厭弝ⅰDT correctly concluded that the Appellant should not be awarded any additional compensation beyond the amount already paid to her. 罌厭弝ⅰAT further dismissed the Appellant＊s request to award costs against the Secretary-General, noting that there were no grounds to award costs to a party whose claims were rejected. 罌厭弝ⅰAT reversed the imposition of costs against the Appellant after finding that the abuse of process was based on the actions of the Appellant＊s counsel during trial. 罌厭弝ⅰAT rejected the Appellant＊s request for 罌厭弝ⅰAT to authorise her to obtain and adduce a computation sheet from the 罌厭弝ⅰJSPF of her pension losses due to her non-promotion and noted that it would be irrelevant to the determination of her appeal since 罌厭弝ⅰDT did not rely upon it. 罌厭弝ⅰAT further held that the recording of the 罌厭弝ⅰDT hearing would not add anything to the parties＊ submissions and rejected this request. 罌厭弝ⅰAT also rejected the Appellant＊s request to adduce, as additional evidence on appeal, the Code of Conduct, noting that it was a document of the court and did not constitute evidence. 罌厭弝ⅰAT noted that the Appellant＊s remaining submissions were without merit and found it unnecessary to address them. 罌厭弝ⅰAT granted the appeal in part and reversed the imposition of costs against the Appellant. 罌厭弝ⅰAT dismissed all other grounds of appeal.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to select her for a post. 罌厭弝ⅰAT found that the selection process was unlawful but noted that that the Applicant＊s chances of being selected, had there been no irregularities, were only one in four. 罌厭弝ⅰDT set compensation for moral damages at USD 2,000. 罌厭弝ⅰDT found that, in light of the compensation that the Applicant had already received, she should consider that her rights had been more than satisfied. 罌厭弝ⅰDT granted the Secretary-General＊s request for an order of costs for abuse of process and ordered the Applicant to pay costs to the Secretary-General. 罌厭弝ⅰDT rejected the Applicant＊s request for an order of costs against the Secretary-General. 罌厭弝ⅰDT also rejected the Applicant＊s request to refer the case to the Secretary-General for possible action to enforce accountability under Article 10(8) of its Statute.

Legal Principle(s)

Compensation must be set by 罌厭弝ⅰDT following a principled approach on a case-by-case basis, and 罌厭弝ⅰDT should be guided by two elements: (1) the nature of the irregularity, which led to the rescission of the contested administrative decision; and (2) the chance that the staff member would have had to be promoted had the correct procedure been followed.

Outcome

Appeal granted in part

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 罌厭弝ⅰDT Statute and Article 11(3) of the 罌厭弝ⅰAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Mezoui

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Case Number(s)

Tribunal

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Date of Judgement