2017-Ģ��ƵAT-714

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT held that Ģ��ƵDT erred in law when it held that the amendment to Article 10(5)(b) of the Ģ��ƵDT Statute, which requires harm to be supported by evidence for the award of damages, was not applicable because Ms Tsoneva had filed her application before the amendment entered into force on the basis that an award of damages takes place at the time the award is made. Ģ��ƵAT noted that applying the amended statutory provision was not the retroactive application of law but rather, it was applying existing law. Ģ��ƵAT held that Ģ��ƵDT erred in law by not applying the Ģ��ƵDT Statute as it existed at the time Ģ��ƵDT rendered its judgment. Ģ��ƵAT held that by considering that Ms Tsoneva suffered emotional distress without any further evidence of harm, Ģ��ƵDT made an error of law in its decision. Ģ��ƵAT granted the appeal and vacated the award of damages for moral harm ordered by the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decisions not to select her for four positions. Ģ��ƵDT found that the non-selection decision for one of the positions was unlawful due to procedural errors and ordered rescission or in lieu compensation and compensation for moral harm.

Legal Principle(s)

Evidence of harm is required to sustain an award of compensation.

Outcome

Appeal granted

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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

Tsoneva

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement