Ä¢¹½ÊÓÆµ

2012-Ä¢¹½ÊÓÆµAT-221

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT considered Ms Simmons¡¯ appeal and the Secretary-General¡¯s cross-appeal. With respect to Ms Simmons¡¯ claim that Ä¢¹½ÊÓÆµDT erred when it determined that compensation of USD 500 was reasonable compensation for the procedural breaches, which occurred regarding her performance appraisal for 2007-2008, Ä¢¹½ÊÓÆµAT found that Ä¢¹½ÊÓÆµDT placed undue weight on Ms Simmons¡¯ omissions and/or actions. Ä¢¹½ÊÓÆµAT held that the compensation awarded for this breach was manifestly insufficient. With respect to Ms Simmons¡¯ claim that she did not receive full and fair consideration regarding Post 1, Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT did not err in its assessment of the selection process and that Ms Simmons did not substantiate claims of bias or prejudice on part of the interview panel. With respect to the Secretary-General¡¯s cross-appeal, Ä¢¹½ÊÓÆµAT noted that, by virtue of the absence of any specific argument as to whether the claim regarding the 2008-2009 performance appraisal was receivable ratione materiae, having been made prior to the Ä¢¹½ÊÓÆµDT Order No. 325 (NY/2010), the Secretary-General was now estopped from raising such issue on appeal before Ä¢¹½ÊÓÆµAT. With respect to Ms Simmons¡¯ claim that an award of USD 3,000 was not reasonable compensation for the breach which occurred in relation to her 2008-2009 performance appraisal, Ä¢¹½ÊÓÆµAT found that Ä¢¹½ÊÓÆµDT did not take sufficient cognisance of the seriousness of the breach or the stress it caused. Ä¢¹½ÊÓÆµAT granted the appeal in part, rejected the cross-appeal and substituted Ä¢¹½ÊÓÆµDT¡¯s total award of USD 3,500 with an award of compensation equivalent to three months¡¯ net base salary in effect on 31 March 2008 and compensation equivalent to three months¡¯ net base salary in effect on 31 March 2009.

Decision Contested or Judgment/Order Appealed

Ms Simmons contested the decisions not to select her to fill either Post 1 or Post 2, and the failure to approve her work plan for her 2007-2008 performance appraisal. Ä¢¹½ÊÓÆµDT rejected her application regarding her non-selection for Post 1 and Post 2. However, Ä¢¹½ÊÓÆµDT found that the required procedures for completing Ms Simmons¡¯ 2007-2008 and 2008-2009 performance appraisals were not followed, which warranted compensation. Ä¢¹½ÊÓÆµDT awarded her a total of USD 3,500 as compensation: USD 500 for the delay in completing the 2007-2008 performance appraisal and the resulting stress and USD 3,000 for the delay in completing the 2008-2009 performance appraisal and the resulting stress.

Legal Principle(s)

Ä¢¹½ÊÓÆµDT or a first-instance tribunal is in the best position to assess matters of a factual nature.

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.