2017-Ģ��ƵAT-712

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

On the amount of compensation in lieu of rescission, Ģ��ƵAT held that Ģ��ƵDT correctly applied Article 10(5) of the Ģ��ƵDT Statute. Ģ��ƵAT held that there was no fault with the Ģ��ƵDT��s award of compensation of USD 2,000, noting that Ģ��ƵDT considered the chances of success as well as the difference of net base salary between the one Mr. Krioutchkov received at his current grade and step and his potential income as of the relevant date, limited the projection of the difference in salary to two years. Ģ��ƵAT held that absent any error of law or manifestly unreasonable factual findings Ģ��ƵAT would not interfere with the discretion vested in Ģ��ƵDT to decide on the amount of compensation. On moral damages, Ģ��ƵAT held that Ģ��ƵDT erred in law by not applying Article 10(5)(b) of the Ģ��ƵDT Statute as it existed at the time it rendered its judgment and awarding compensation in the absence of evidence of harm suffered. Ģ��ƵAT found that, as an award of damages takes place at the time the award is made, applying the amended statutory provision was not the retroactive application of the law. Ģ��ƵAT dismissed Mr. Krioutchkov��s appeal, granted the Secretary-General��s cross-appeal of the award of moral damages, and affirmed the Ģ��ƵDT judgment except for the award of moral damages, which was vacated.

Decision Contested or Judgment/Order Appealed

The Applicant contested his non-selection for a position. Ģ��ƵDT found the decision to be unlawful on the basis of several procedural irregularities. Ģ��ƵDT ordered the impugned selection decision to be rescinded or payment of in-lieu compensation and awarded moral damages.

Legal Principle(s)

Absent any error of law or manifestly unreasonable factual findings, Ģ��ƵAT will not interfere with the discretion vested in Ģ��ƵDT to decide on the amount of compensation.

Outcome

Appeal dismissed on merits

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

Krioutchkov

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement