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Ä¢¹½ÊÓƵAT considered Mr Kamynyi¡¯s appeal and the Secretary-General¡¯s cross-appeal. Ä¢¹½ÊÓƵAT rejected Mr Kamunyi¡¯s appeal in its entirety and held that it is within the Administration¡¯s discretion to reassign a staff member to a different post at the same level and that such a reassignment is lawful if it is reasonable in the particular circumstances of each case and if it causes no economic prejudice to the staff member. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT rightfully rejected Mr Kamunyi¡¯s request for legal costs, noting that no legal costs were owed to a party when the opposing party had not abused the process. With...

Ä¢¹½ÊÓƵAT considered an appeal limited to the claim that Ä¢¹½ÊÓƵDT ordered inadequate compensation for the losses he sustained as a result of various acts and omissions on the part of the Administration. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT took due regard for the arguments the Appellant brought in his appeal and that Ä¢¹½ÊÓƵDT, having regarded the parameters of what it could compensate the Appellant for, made adequate provisions for the Appellant¡¯s economic and social losses in its overall award to him. Ä¢¹½ÊÓƵAT dismissed the appeal and upheld the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by Mr Appleton and a cross-appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held by majority that Ä¢¹½ÊÓƵDT did not make an error of law or fact resulting in a manifestly unreasonable decision when it declined to award compensatory damages to Mr Appleton. Ä¢¹½ÊÓƵAT held that it was entirely appropriate for Ä¢¹½ÊÓƵDT to approach the issue of compensation under Article 10(5) of the Ä¢¹½ÊÓƵDT Statute by engaging in a consideration of Mr Appleton¡¯s likely prospects of success. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found that Mr Appleton¡¯s appointment to the post was not a foregone conclusion and thus he had no...

Ä¢¹½ÊÓƵAT considered appeals by both Mr Goodwin and the Secretary-General limited to the issue of compensation. Noting that Ä¢¹½ÊÓƵDT declined to award pecuniary damages, Ä¢¹½ÊÓƵAT held (with Judge Faherty dissenting) that there was no error of law or fact on the part of Ä¢¹½ÊÓƵDT such as would entitle Ä¢¹½ÊÓƵAT to interfere with the findings of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT was satisfied that the Appellant had been properly compensated for moral damages. Ä¢¹½ÊÓƵAT held t that the substantive and procedural breaches identified by Ä¢¹½ÊÓƵDT of themselves merited an award of moral damages because of the harm caused to Mr Goodwin, namely his having...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Ms. Asariotis. Considering first the cross-appeal, Ä¢¹½ÊÓƵAT found no merit in the ground of appeal related to claimed errors in procedure on the part of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯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 Ä¢¹½ÊÓƵDT¡¯s conclusion that the decision to cancel the vacancy announcement was lawful. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT 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. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT 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. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal and Mr Terragnolo¡¯s cross-appeal, noting that only the compensation awarded by Ä¢¹½ÊÓƵDT was being contested. With respect to the Secretary-General¡¯s appeal, Ä¢¹½ÊÓƵAT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. Ä¢¹½ÊÓƵAT noted that the impugned judgment followed Ä¢¹½ÊÓƵAT¡¯s jurisprudence, but Ä¢¹½ÊÓƵDT¡¯s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. Ä¢¹½ÊÓƵAT held that due...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal and Mr Goodwin¡¯s cross-appeal. Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s submission that Ä¢¹½ÊÓƵDT erred by awarding excessive compensation to Mr Goodwin. Ä¢¹½ÊÓƵAT relied on Larkin (judgment No. 2011-Ä¢¹½ÊÓƵAT-134) on the Ä¢¹½ÊÓƵDT¡¯s discretion to determine the amount of damages. Noting the long period before Mr Goodwin before returning to full service and that the amount of compensation awarded was based on the JAB¡¯s recommendation, Ä¢¹½ÊÓƵAT found that compensation in the amount of two years¡¯ net base salary was reasonable. In considering whether Ä¢¹½ÊÓƵDT erred in concluding...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal and Mr Terragnolo¡¯s cross-appeal, noting that only the compensation awarded by Ä¢¹½ÊÓƵDT was being contested. With respect to the Secretary-General¡¯s appeal, Ä¢¹½ÊÓƵAT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. Ä¢¹½ÊÓƵAT noted that the impugned judgment followed Ä¢¹½ÊÓƵAT¡¯s jurisprudence, but Ä¢¹½ÊÓƵDT¡¯s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. Ä¢¹½ÊÓƵAT held that due...