Ä¢¹½ÊÓƵAT Held or Ä¢¹½ÊÓƵDT Pronouncements
Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT held that, in the present case, Ä¢¹½ÊÓƵDT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years¡¯ net base salary. Ä¢¹½ÊÓƵAT held that the award of full salary payable between separation and the date of the Ä¢¹½ÊÓƵDT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. Ä¢¹½ÊÓƵAT held that it would be adequate, fair, and reasonable to award compensation in lieu of reinstatement in an amount equal to one year¡¯s net base pay. Ä¢¹½ÊÓƵAT upheld the appeal in part and vacated the Ä¢¹½ÊÓƵDT judgment in part to reduce the quantum of compensation in lieu of reinstatement.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to terminate his appointment for misconduct. Ä¢¹½ÊÓƵDT found that the facts on which the disciplinary measure was based had been established in relation to the Applicant¡¯s failure to detect even one of 704 semi-empty/empty oil cartons in the warehouse during the regular physical inventory. Ä¢¹½ÊÓƵDT, however, found that the established facts did not constitute misconduct within the meaning of former Staff Rule 110. 3, and that the penalty of separation from service was disproportionate and unwarranted. Ä¢¹½ÊÓƵDT found that the Applicant was unfairly dismissed. Ä¢¹½ÊÓƵDT ordered rescission of the administrative decision to terminate the Applicant¡¯s appointment, his reinstatement and compensation for loss of earnings from the date of his separation from service to the date of his reinstatement. In the alternative, Ä¢¹½ÊÓƵDT awarded compensation for the loss of earnings from the date of his separation from service to the date of the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵDT further awarded compensation in the amount of six months¡¯ net base salary in effect at the time of his termination for the procedural irregularities during the investigation and disciplinary process.
Legal Principle(s)
Under Article 10 of the Ä¢¹½ÊÓƵDT Statute, where Ä¢¹½ÊÓƵDT rescinds the contested administrative decision of termination, it must necessarily set an amount of compensation in lieu of rescission or specific performance. The Ä¢¹½ÊÓƵDT Statute provides no guidelines in the matter of determining the quantum of compensation; however, the elements which can be considered are, among others, the nature and the level of the post formerly occupied by the staff member (i. e. , continuous, provisional, fixed term), the remaining time and chances of renewal. It must also be considered that the two-years' net base salary limit on compensation imposed by the Ä¢¹½ÊÓƵDT Statute constitutes a maximum amount, as a general rule with exceptions and, as such, cannot be the average in lieu compensation established by the court.