2013-Ģ��ƵAT-307

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General against judgment Nos. Ģ��ƵDT/2011/209 (on liability) and Ģ��ƵDT/2012/062 (on relief). Ģ��ƵAT held that there was no evidence to support the Ģ��ƵDT��s conclusion that, had the Ģ��Ƶ Staff Pension Committee (Ģ��ƵSPC) not proceeded with its determination, Ms Shanks would more likely than not have been found fit to resume her duties. Ģ��ƵAT held that the only valid conclusion available on the medical evidence was that Ms Shanks was not entitled to return to work on a part-time basis since she was not able to obtain medical clearance permitting it. Ģ��ƵAT held that it was proper for the Secretary-General to terminate Ms Shanks�� appointment, since there was no other option. Ģ��ƵAT held that Ms Shanks�� inability to satisfy the minimum Ģ��ƵDP policy requirements for part-time employment was a crucial piece of evidence that Ģ��ƵDT had failed to properly consider and that this failure led the Ģ��ƵDT to serious factual errors, resulting in manifestly unreasonable decisions. Ģ��ƵAT held that these factual errors tainted both Ģ��ƵDT judgments and rendered the findings therein untenable. Ģ��ƵAT held that the failure of human resources to inform Ms Shanks that a determination of disability would result in her termination had no consequences for Ms Shanks. Ģ��ƵAT held that Ms Shanks suffered no actual prejudice which could result in compensable damages. Ģ��ƵAT upheld the appeal and vacated both Ģ��ƵDT judgments.

Decision Contested or Judgment/Order Appealed

The Applicant, who was seriously injured in a motor vehicle accident en route to work, was hospitalised and remained on sick leave for many months, contested the decision to separate her from service for reasons of incapacitation. In judgment No. Ģ��ƵDT/2011/209, Ģ��ƵDT found in favour of the Applicant on liability. In judgment No. Ģ��ƵDT/2012/062, Ģ��ƵDT awarded the Applicant pecuniary and non-pecuniary damages.

Legal Principle(s)

Actual prejudice is required in order to receive an award of compensation.

Outcome

Appeal granted

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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

Shanks

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement