2015-Ģ��ƵAT-528

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Commissioner-General of the order rescinding the decision to transfer the Appellant and the moral damages award. On the Commissioner-General��s argument that Ģ��ƵDT unduly fettered its discretion to award compensation in lieu of specific performance, Ģ��ƵAT held that, absent any error of law or manifestly unreasonable factual findings, which were not evident, Ģ��ƵAT would not interfere with the discretion vested in Ģ��ƵRWA DT to decide on remedy. Ģ��ƵAT held that, in all of the circumstances of the case, it was not persuaded by the Commissioner-General��s argument that Ģ��ƵRWA DT erred in law in affirming its decision to rescind Ms. Rantisi��s transfer or that it unduly fettered its discretion. Ģ��ƵAT recalled that as there was no connection to appointment, promotion or termination, there was no requirement to set an amount of compensation as an alternative. Ģ��ƵAT held that Ģ��ƵRWA DT exercised its reasoned discretion to rescind the transfer and Ģ��ƵAT upheld that decision. On the issue of moral compensation, Ģ��ƵAT, having regard to all of the matters of which Ģ��ƵRWA DT was apprised, both in the course of the hearing on the merits and on remedies, and taking particular regard of the medical evidence, found no error of law or fact in the matter in which Ģ��ƵRWA DT assessed damages or the quantum thereof. Ģ��ƵAT dismissed the appeal and upheld the Ģ��ƵRWA DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested a judgment on Remedies which confirmed: the orders to rescind; the decision to issue a letter of written censure; the decision to suspend the Applicant for one week; and the decision to transfer her to a new post. The judgment on Remedies expunged all records of the suspension from the Applicant��s file and awarded USD 40,000 for moral damages.

Legal Principle(s)

The decision on remedy is quintessentially a matter for the first instance Tribunal. Absent any error of law or manifestly unreasonable factual findings, Ģ��ƵAT will not interfere with the discretion vested in Ģ��ƵRWA DT to decide on a remedy. Where there is no connection to appointment, promotion or termination, there is no requirement to set an amount of compensation as an alternative to rescission.

Outcome

Appeal dismissed on merits

Outcome Extra Text

Only financial compensation; Only financial compensation

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Rantisi

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement