Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements
Ä¢¹½ÊÓÆµAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT had erred on a question of fact by finding that the three-year ban on promotion ¡°influenced¡± the Applicant¡¯s decision to resign. Ä¢¹½ÊÓÆµAT noted that, three months after the Applicant¡¯s resignation, the Administration revoked the third part of the sanction, the three-year ban on promotion, acting in line with Ä¢¹½ÊÓÆµAT¡¯s jurisprudence concerning the illegality of that measure because it was not provided for in the former Staff Rules applicable at the time. Ä¢¹½ÊÓÆµAT held that the modification of the imposed measures did not entail a significant change in the staff member¡¯s situation. Ä¢¹½ÊÓÆµAT held that the circumstances would lead to the conclusion that the decision to resign was voluntarily adopted by the staff member faced with the difficult situation at work he himself had caused. Ä¢¹½ÊÓÆµAT held that any financial loss the staff member might have suffered appeared to be generated by the lawful demotion (first) or the voluntary resignation (later) and that there were no grounds for compensating what was not caused by the Administration¡¯s illegal ban on promotion. Ä¢¹½ÊÓÆµAT held that all the consequences and alleged injuries suffered by the staff member in the present case were caused by the staff member¡¯s overall situation and status at the time of his sanction and resignation, and not by the illegal ban on promotion. Ä¢¹½ÊÓÆµAT upheld the appeal and vacated the compensation awarded by Ä¢¹½ÊÓÆµDT.
Decision Contested or Judgment/Order Appealed
The Applicant challenged disciplinary measures imposed on him for misconduct in the form of accessing and reading confidential emails of the Special Assistant to the Secretary-General of Ä¢¹½ÊÓÆµCTAD. Ä¢¹½ÊÓÆµDT found that the decision to demote the Applicant did not exceed the Administration¡¯s discretionary power and rejected the Applicant¡¯s contention that the disciplinary measure was disproportionate. Ä¢¹½ÊÓÆµDT concluded that the unlawful three-year ban caused the Applicant additional anxiety and frustration and influenced his decision to resign. Ä¢¹½ÊÓÆµDT awarded compensation in the amount of USD 10,000 for harm related to the imposition of the three-year ban on promotion.
Legal Principle(s)
As stated by Ä¢¹½ÊÓÆµAT in Wu (judgment No. 2010-Ä¢¹½ÊÓÆµAT-042), not every illegality will necessarily lead to an award of compensation.