2014-Ģ��ƵAT-409

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT held that, since the incidents in question occurred before ST/SGB/2008/5 was promulgated, it was not applicable in this case. Ģ��ƵAT held that it was unnecessary for Ģ��ƵDT to apply ST/SGB/2008/5, which was clearly not in force at the time of the incidents. Ģ��ƵAT held that the error committed by Ģ��ƵDT had not resulted in a miscarriage of justice, finding that Mr Nogueira in any event merited a compensatory award for harassment. Ģ��ƵAT held that Mr Nogueira was entitled to an effective remedy for the violation of his legal right to a workplace free of harassment. Ģ��ƵAT held that Ģ��ƵDT was vested with the discretion to determine the remedy it deemed appropriate to rectify the wrong suffered by Mr Nogueira. Taking into account that Mr Nogueira ceased to be a staff member of Ģ��ƵEP in 2008, Ģ��ƵAT held that Ģ��ƵDT had correctly decided that the only effective remedy that could be awarded was monetary compensation. Ģ��ƵAT held that there was no reason to differ from Ģ��ƵDT��s determination in awarding the sum of USD 25,000, which was well within its discretion. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision which recognised that his superior had violated Ģ��Ƶ rules but did not address his professional and personal losses resulting from the abuse and harassment perpetrated by his superior and from the final loss of his job. The Applicant contested the lethargy with which the Administration responded to his complaints, the procedures employed by the Administration which lacked ��transparency��, and were ad hoc in manner, the lack of adherence to procedural guidance of the statutory framework (in particular administrative instructions), the lack of restraint on abuse and harassment, and finally the loss of his job due to mismanagement of his case. Ģ��ƵDT found that the Administration��s response was inadequate and inappropriate considering the Investigation Panel��s conclusion that the Applicant had been subjected to harassment. Ģ��ƵDT found that the Administration had not sufficiently remedied the wrongs suffered by the Applicant and thus the relief granted was not adequate. Ģ��ƵDT concluded that the only effective and viable remedy that could be awarded was monetary compensation, given that the Applicant had been separated from service. Ģ��ƵDT awarded USD 25,000 as compensation for the violation of the Applicant��s right to be free from harassment at the workplace.

Legal Principle(s)

There is a general principle of law against retrospective effect/application of laws.

Outcome

Appeal dismissed on merits

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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

Nogueira

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement