2017-Ģ��ƵAT-720

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General limited to contesting the award by Ģ��ƵDT of three months�� net base salary as compensation for damage to Ms Haroun��s career prospects. Ģ��ƵAT held that Ģ��ƵDT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun��s separation from service. Ģ��ƵAT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances of such separation. Ģ��ƵAT held that the Secretary-General, in violation of his right to due process and a fair hearing, was not given an opportunity to present his views on the possible reliance of the Ģ��ƵDT on the separation for an award of damages. Ģ��ƵAT granted the Secretary-General��s motion to reject additional evidence related to the separation submitted after closing arguments. Ģ��ƵAT upheld the appeal and vacated the Ģ��ƵDT judgment to the extent that it awarded compensation for damage to career prospects.

Accountability referral: The Ģ��ƵDT referred Mr. Arumugham and Ms. Nandkumar for accountability for having either deliberately ignored or feigned ignorance of the pertinent principles governing the role of a manager or supervisor contained in the 2014 Standards of Conduct for the International Civil Service. The referral for accountability was not appealed and the Ģ��ƵAT did not take a decision on it.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to reassign her. Ģ��ƵDT held that the decision to reassign her was unlawful. As Ģ��ƵDT had been informed that the Applicant had been separated in the interim (after closing submissions), Ģ��ƵDT awarded compensation.

Legal Principle(s)

Adjudication of a case based on information not on the record may violate the other party��s right to due process and a fair hearing.

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

Haroun

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement