2016-Ģ��ƵAT-692

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered the Secretary-General��s appeal. Ģ��ƵAT agreed with Ģ��ƵDT��s determination that the actual consideration afforded to Gueben et al. was minimal, inadequate, and not in accordance with the relevant instructions. Moreover, Ģ��ƵAT found that Ģ��ƵDT did not err in its interpretation of the relevant provisions in ruling that the Officer in Charge for Human Resources Management could have converted their fixed-term appointments to permanent ones without a limitation of service. Further Ģ��ƵAT found no merit in the Secretary-General��s argument that Ģ��ƵDT improperly substituted its discretion for that of the Assistant Secretary-General for Human Resources Management. Ģ��ƵAT noted that, in adherence to classic principles of judicial review, Ģ��ƵDT scrutinized the conduct of the Officer in Charge for Human Resources Management to determine whether she properly arrived at her decisions and did so not only from the perspective of the appropriate statutory provisions. However, Ģ��ƵAT held that Ģ��ƵDT erred in awarding moral damages to Gueben et al. by not applying the Ģ��ƵDT Statute as it existed at the time Ģ��ƵDT rendered its judgment. Ģ��ƵAT further noted that a mere assertion of distress by a staff member is not sufficient evidence to support an award of moral damages. Ģ��ƵAT upheld the appeal as it applied to the awards of moral damages and dismissed the remainder of the appeal. Ģ��ƵAT affirmed Ģ��ƵDT��s judgment, except for the awards of moral damages, which were vacated.

Decision Contested or Judgment/Order Appealed

Gueben at al. contested the decisions denying conversions of their fixed-term appointments to permanent ones. Ģ��ƵDT held that these decisions were unlawful, as they had not been given sufficient consideration. Ģ��ƵDT rescinded the contested decisions and remanded the matter to the Assistant Secretary-General for Human Resources Management for more in-depth consideration. Ģ��ƵDT further awarded moral damages in the sum of Euros 3,000 to each of Gueben et al.

Legal Principle(s)

The Assistant Secretary-General for Human Resources Management shall have the authority to place, in a suitable position, staff, other than staff members holding a temporary appointment, affected by the abolition of posts or funding cutbacks, when in need of placement outside the normal process. Where the appointment of a staff member is limited to a particular department/office, the staff member may be granted a permanent appointment similarly limited to that department/office. A mere assertion of distress by a staff member is not sufficient evidence to support an award of moral damages.

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

Gueben et al.

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement