2013-Ģ��ƵAT-288

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT held that Ģ��ƵDT erred in law and exceeded its competence by awarding compensation for distress without a previous claim for damages. Ģ��ƵAT noted that Mr Debebe��s claim before the Joint Appeals Board (JAB) had been limited to material or pecuniary damages related solely to remuneration. Ģ��ƵAT held that Ģ��ƵDT did not have jurisdiction to award compensation for moral damage. Ģ��ƵAT allowed the appeal and vacated the Ģ��ƵDT judgment to the extent that it awarded compensation for moral damages.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to promote him. Ģ��ƵDT rejected the Applicant��s request for promotion but awarded four months�� net base salary for distress.

Legal Principle(s)

A court may not award compensation for distress without a party having first requested it.

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.

Applicants/Appellants

Debebe

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement