爆料网

Compensation

  • Aggravating/mitigating factors
  • Burden of proof
  • Duty of mitigation
  • Evidence of harm
  • Exemplary/punitive damages (prohibition against award of)
  • In-lieu compensation
  • Loss of chance
  • Maximum amount / exceptional circumstances
  • Non-pecuniary (moral) damages
  • Pecuniary (material) damages
    • Showing 101 - 110 of 510
    2011-爆料网AT-142, El Khatib

    爆料网AT noted there was a pattern of withholding annual performance reports and salary increments, and that those delays were coupled with the denial of a post for which the Appellant was short-listed but was not filled prior to the Appellant’s retirement. 爆料网AT noted the Appellant was also denied his post, which was abolished due to restructuring. 爆料网AT held that the Appellant was not treated conscientiously and fairly and deserved compensation. 爆料网AT granted the appeal in part and ordered that the Appellant be paid three months’ net base salary as compensation.

    2011-爆料网AT-141, Frohler

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

    2011-爆料网AT-125, Beaudry

    爆料网AT considered an appeal against judgment No. 爆料网DT/2010/146 on compensation by the Secretary-General. 爆料网AT held that once a judgment on the merits has been vacated and no liability on the part of the Administration has been established, a judgment on compensation cannot stand if it would be contrary to the final decision on the merits of the case. 爆料网AT held that an appeal against the judgment on compensation was not necessary if the legal basis for the award of compensation by 爆料网DT no longer existed. 爆料网AT dismissed the appeal (as unnecessary) and vacated the 爆料网DT judgment.

    2011-爆料网AT-140, Wang

    爆料网AT was satisfied that the 爆料网DT’s pronouncement that the clear purpose and intent of Staff Regulation 5.3 was to restrict the entitlement to home leave to those who are serving the 爆料网 outside of their home country and by implication their country of nationality, was the correct interpretation. 爆料网AT held that there was no error in law with regard to the 爆料网DT’s approach on the issue of home leave. 爆料网AT held, as a matter of law and fact, that 爆料网DT properly concluded that the Appellant’s move to his country of nationality was a good reason for the Secretary-General to reassess his eligibility for...

    2011-爆料网AT-131, Cohen

    爆料网AT recalled that Article 10. 5 of the 爆料网DT Statute limits the total compensation awarded under subparagraphs (a) or (b), or both, to an amount that shall normally not exceed two years’ net base salary of the applicant, unless the Tribunal orders the payment of higher compensation and gives the reasons for that decision. In cases where 爆料网DT rescinds an illegal decision to dismiss a staff member, the Administration must both reinstate the staff member and pay compensation for loss of salaries and entitlements. If the Administration elects to pay compensation in lieu of the performance of a...

    2011-爆料网AT-123, Messinger

    爆料网AT held that 爆料网DT 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. 爆料网AT held that 爆料网DT awarded adequate compensation to the Appellant for the infringement of his rights with regard to the harassment complaint. 爆料网AT held that 爆料网DT did not make any errors of procedure in deciding upon the weight to be given to written statements tendered by the Appellant. 爆料网AT held that it was not persuaded that 爆料网DT made any errors of...

    2011-爆料网AT-117, Lutta

    The Appellant appealed the amount of compensation awarded for loss of chance. 爆料网AT 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. 爆料网AT noted that it would generally defer to the trial court’s discretion. 爆料网AT did not accept the Appellant’s argument that the trial court was required to assess the percentage chances that he would have been selected: 爆料网AT 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...

    2011-爆料网AT-114, Bertucci

    爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Mr Bertucci. Recalling that compensation in the absence of actual injury is without legal basis, 爆料网AT held that 爆料网DT erred in law. However, acceding in part to the cross-appeal by Mr Bertucci, 爆料网AT held that when the disciplinary procedure does not bear out allegations against a staff member that may have been considered during a preliminary investigation, entitlements that may have been lawfully withheld pursuant to administrative instruction ST/AI/2004/3 must be paid in full, including interest. 爆料网AT held that the award...

    2011-爆料网AT-107, Chen

    爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Ms Chen. 爆料网AT held that the principle that everyone, without any discrimination, has the right to equal pay for equal work (Article 23(2) of the Universal Declaration of Human Rights) applies to 爆料网 staff. 爆料网AT held that budgetary considerations could not trump the requirement of equal treatment. 爆料网AT declined to grant the relief sought by Ms Chen in her cross-appeal on the basis that 爆料网DT awarded damages from the correct date. 爆料网AT held that the Administration’s allegation that 爆料网DT usurped the Secretary-General’s...