Non-pecuniary (moral) damages | SYSTEM OF ADMINISTRATION OF JUSTICE

2013-Ģ��ƵAT-359, Ademagic et al. and McIlwraith

17 Oct 2013

Ģ��ƵAT considered an appeal by the Secretary-General and an appeal Ademagic et al. Ģ��ƵAT held that judgment No. 2013-Ģ��ƵAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: Ģ��ƵAT held that Ģ��ƵDT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the Ģ��ƵDT decision on that basis and upheld the Secretary-General��s appeal on that issue; Ģ��ƵAT held that each candidate for permanent appointment...

2013-Ģ��ƵAT-342, Manco

28 Jun 2013

Ģ��ƵAT considered two appeals by the Secretary-General of judgment Nos. Ģ��ƵDT/2012/104 and Ģ��ƵDT/2012/135. Noting that, where the Administration chooses not to provide a written decision, it cannot lightly argue receivability ratione temporis, Ģ��ƵAT affirmed the Ģ��ƵDT judgment on receivability. On the merits, Ģ��ƵAT held that the contested policy, requiring Mr Manco to renounce his permanent resident status in a country not of his nationality as a condition for becoming a staff member of the Organisation at the professional level, was not reflected in any administrative issuance and concluded that it...

2013-Ģ��ƵAT-339, Tsoneva

28 Jun 2013

Ģ��ƵAT considered both an appeal by Ms Tsoneva and an appeal by the Secretary-General. Ģ��ƵAT disagreed with the Ģ��ƵDT��s interpretation of the prescribed procedure, leading to the discontinuation of Ms Tsoneva��s position, noting that there was no requirement that the staff member��s meeting with the manager must take place after the staff member had received a written notification or that the manager must consult a concerned staff member. Ģ��ƵAT held that the Director complied with the prescribed procedure by discussing the matter with Ms Tsoneva, informing her in writing of his intention to request...

2013-Ģ��ƵAT-309, Asariotis

28 Mar 2013

Ģ��ƵAT considered an appeal by the Secretary-General and a cross-appeal by Ms. Asariotis. Considering first the cross-appeal, Ģ��ƵAT found no merit in the ground of appeal related to claimed errors in procedure on the part of Ģ��ƵDT. Ģ��ƵAT held that Ģ��ƵDT��s failure to deal specifically with certain issues, namely the benefits Ms. Asariotis lost and priority that would have been afforded to her as a female candidate, did not manifestly affect the outcome of the case, in view of the Ģ��ƵDT��s conclusion that the decision to cancel the vacancy announcement was lawful. Ģ��ƵAT held that Ģ��ƵDT was correct in...

2013-Ģ��ƵAT-298, Morsy

28 Mar 2013

Ģ��ƵAT held that concern about a high-level manager��s poor performance was not an improper motive or basis for the decision not to renew a fixed-term appointment. Ģ��ƵAT noted that it was well within the discretion of Ģ��ƵDT to determine the amount of compensation for moral damages to award a staff member for procedural violations in light of the unique circumstances of each case. Ģ��ƵAT held that the cases cited by the Appellant as examples of higher awards were neither applicable nor persuasive. Ģ��ƵAT held that Ģ��ƵDT did not err in awarding moral damages of USD 25,000. Ģ��ƵAT held there was no merit in...

2013-Ģ��ƵAT-290, Mirkovic

28 Mar 2013

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT held that there was no nexus between the emotional distress of preparing for the exam and the impugned decision as the preparation took place prior to the decision. Ģ��ƵAT held that Ģ��ƵDT��s finding that the contradictory information received by Ms Mirkovic and the lack of responses from the Chief of the Examinations and Tests Section added to her stress and injury was not supported by the facts, noting that written confirmation of what the Chief had told her was not required in order for her to request management evaluation. Ģ��ƵAT held that...

2013-Ģ��ƵAT-288, Debebe

28 Mar 2013

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT held that Ģ��ƵDT erred in law and exceeded its competence by awarding compensation for distress without a previous claim for damages. Ģ��ƵAT noted that Mr Debebe��s claim before the Joint Appeals Board (JAB) had been limited to material or pecuniary damages related solely to remuneration. Ģ��ƵAT held that Ģ��ƵDT did not have jurisdiction to award compensation for moral damage. Ģ��ƵAT allowed the appeal and vacated the Ģ��ƵDT judgment to the extent that it awarded compensation for moral damages.

2014-Ģ��ƵAT-433-Corr.1, Hersh

27 Jun 2014

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT held that Ģ��ƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ģ��ƵAT held that Ģ��ƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

2013-Ģ��ƵAT-282, Lauritzen

28 Mar 2013

On the alleged procedural error of the Ģ��ƵDT not allowing an oral examination of witnesses, Ģ��ƵAT held that it was well within the competence of Ģ��ƵDT to manage its cases as it saw fit and that the Appellant had not demonstrated how the procedure affected or violated her due process rights; Ģ��ƵAT dismissed this ground of appeal. Ģ��ƵAT held, affirming the finding of Ģ��ƵDT, that the Appellant failed to establish that the decision to remove her from her post in Budapest constituted a disguised disciplinary measure. Ģ��ƵAT found no merit in the ground of appeal that Ģ��ƵDT failed to consider that Ģ��ƵHCR...

2014-Ģ��ƵAT-433/Corr.1, Hersh

27 Jun 2014