2014-Ģ��ƵAT-448

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered the Secretary-General��s appeal and Mr Terragnolo��s cross-appeal, noting that only the compensation awarded by Ģ��ƵDT was being contested. With respect to the Secretary-General��s appeal, Ģ��ƵAT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. Ģ��ƵAT noted that the impugned judgment followed Ģ��ƵAT��s jurisprudence, but Ģ��ƵDT��s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. Ģ��ƵAT held that due respect must be shown to the trial court��s assessment of the quantum of damages and that it should not interfere with the exercise of that discretion. Following this reasoning, Ģ��ƵAT also found no merit in Mr Terragnolo��s cross-appeal and noted that the amount of compensation for moral damages could not be increased due to a finding of retaliation, because there was no evidence on the record that it caused the administrative illegality. Ģ��ƵAT found no merit in Mr Terragnolo��s claim for reimbursement of the cost of his studies, as that was a benefit he acquired irrespective of any examinations or competing processes that he could have attended or actually attended. Ģ��ƵAT dismissed the appeal and cross-appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

Mr Terragnolo contested the Central Examinations Board��s decision not to convoke him to the written Young Professional Program examination in economic affairs on the basis that his educational qualifications did not meet the prescribed requirements. Ģ��ƵDT held that Mr Terragnolo��s educational qualifications entitled him to sit for the examination and that the decision to refuse his candidacy on this basis was manifestly erroneous and unlawful. Ģ��ƵDT awarded Mr Terragnolo USD 8,000 as compensation for pecuniary damages and USD 2,500 for moral damages.

Legal Principle(s)

Mere allegations, speculations, justified or unjustified fears or suspicions of persecution, or the sole circumstance of serving as a Staff Union representative, who experiences an administrative illegality, do not allow for a conclusion of retaliation.

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

Terragnolo

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement