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The Ä¢¹½ÊÓƵAT expressed serious concern about the lack of a sufficient record of reasons supporting the choice of the selected candidate over the staff member at the time of the contested decision.

The Ä¢¹½ÊÓƵAT found that gender and geographical considerations were unevenly applied in the selection exercise, positively assessing the British male while ignoring or discounting that the staff member was an Indian female. Contrary to Staff Regulation 4.4, in which the fullest regard should be given to internal candidates, the Ä¢¹½ÊÓƵAT found that her Ä¢¹½ÊÓƵ experience was used to disadvantage her. The Ä¢¹½ÊÓƵAT also...

Ä¢¹½ÊÓƵAT noted that the only issue on appeal was the issue of appropriate compensation for the unlawful contested decision. Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT appropriately found that the requested compensation in the amount of two years¡¯ net base salary was unwarranted as it would exceed the emoluments to which he would have been entitled absent the unlawful termination. Ä¢¹½ÊÓƵAT found no merit in Mr. Kilauri¡¯s contention that the Ä¢¹½ÊÓƵDT failed to consider the nature and level of the post he formerly occupied and the chances of renewal beyond the expiry of his fixed-term contract but for his unlawful...

In reviewing the Appellant¡¯s appeal, Ä¢¹½ÊÓƵAT found that the decision to terminate the Appellant¡¯s position was based on generalized reasons, as opposed to specific facts, and found no real justification for the decision. Ä¢¹½ÊÓƵAT held that this was inconsistent with the jurisprudence of the former Administrative Tribunal, which provides that an Administration must act in good faith and not make decisions based on erroneous, fallacious, or improper motivation. Ä¢¹½ÊÓƵAT noted that when an administrative decision concerns termination, it shall set an amount of compensation that the respondent may elect to...

Ä¢¹½ÊÓƵAT considered Mr James¡¯ appeal and the Secretary-General¡¯s cross-appeal. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s finding that Mr James was not eligible for the P-3 position both because he did not take the required examination and because of the lack of required qualifications. Ä¢¹½ÊÓƵAT accordingly dismissed Mr James¡¯ appeal that Ä¢¹½ÊÓƵDT erred in not awarding him compensation for loss of opportunity. Ä¢¹½ÊÓƵAT allowed the cross-appeal and set aside the order for compensation for distress. Ä¢¹½ÊÓƵAT noted that the compensation was not requested, there was no evidence of damage or injuries, and Mr James acknowledged on appeal...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Mr Dualeh was not promoted as a result of the fact that the other candidates had scored higher than he had and he would not have been promoted even if the other candidates had not been promoted. Ä¢¹½ÊÓƵAT held that the procedural irregularity had no impact on his non-promotion. Ä¢¹½ÊÓƵAT held that the direct effect of an irregularity will only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance of promotion. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should neither have rescinded the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ms Bofill was not promoted as a result of the fact that the other candidates had scored higher than she had and she would not have been promoted even if the other candidates had not been promoted. Ä¢¹½ÊÓƵAT held that the procedural irregularity had no impact on her non-promotion. Ä¢¹½ÊÓƵAT held that the direct effect of an irregularity will only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance of promotion. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should neither have rescinded the...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in law or in fact in its assessment that the issue before it was the amount of compensation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s approach in considering the Appellant¡¯s prospects of success was entirely reasonable in the particular circumstances of the case. Ä¢¹½ÊÓƵAT held that it was not the function of Ä¢¹½ÊÓƵDT or Ä¢¹½ÊÓƵAT to take on the substantive role with which the interview panel was charged and to find that the Appellant was the only qualified candidate. Ä¢¹½ÊÓƵAT recalled that the jurisdiction vested in Ä¢¹½ÊÓƵDT is to review alleged procedural deficiencies and to rectify any which are...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found that it did not have jurisdiction to conduct a de novo investigation of the Appellant¡¯s formal complaint of harassment; rather its task was to determine if there was a proper investigation into the allegations. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT awarded adequate compensation to the Appellant for the infringement of his rights with regard to the harassment complaint. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not make any errors of procedure in deciding upon the weight to be given to written statements tendered by the Appellant. Ä¢¹½ÊÓƵAT held that it was not persuaded that Ä¢¹½ÊÓƵDT made any errors of...

The Appellant appealed the amount of compensation awarded for loss of chance. Ä¢¹½ÊÓƵAT noted that there was no set way for the trial court to set damages for loss of chance of promotion and that each case turned on its facts. Ä¢¹½ÊÓƵAT noted that it would generally defer to the trial court¡¯s discretion. Ä¢¹½ÊÓƵAT did not accept the Appellant¡¯s argument that the trial court was required to assess the percentage chances that he would have been selected: Ä¢¹½ÊÓƵAT held that while it had approved that procedure as one method of assessing damages, it respected the opinion of the trial judge as to how to determine...

Ä¢¹½ÊÓƵAT found that there was no evidence of damages or injuries in this case. Ä¢¹½ÊÓƵAT reaffirmed the principle that an award for moral damages must be supported by specific evidence.