爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that there was no reason to re-examine the judgments of the former Administrative Tribunal in judgment No. 1047, Helke (2002) and judgment No. 1122, Lopes Braga (2003). 爆料网AT held that the award of compensation for non-pecuniary damage did not amount to an award of punitive or exemplary damages designed to punish the Organisation and deter future wrongdoing. 爆料网AT held that 爆料网DT did not err in finding that the staff member suffered stress based on his submission. 爆料网AT held that 爆料网DT had committed no error in awarding compensation for the delay in notifying the staff member of the selection decision. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
爆料网DT judgment: The Applicant contested the decision not to select him for two Chinese Reviser posts at the P-4 level, seeking compensation. 爆料网DT found, based on the Kasyanov judgment (judgment No. 爆料网DT/2009/022), that the decision to choose two 30-day candidates instead of the Applicant, a 15-day candidate, violated Section 7. 1 of ST/AI/2006/3 and that, therefore, the decision not to appoint the Applicant was procedurally flawed. 爆料网DT noted that, shortly after the Applicant had been notified that he had not been selected for the two subject posts, he was informed that he was successful in his application for another Chinese Reviser post at the P-4 level in Geneva and that he assumed the functions of this post on 1 September 2008. 爆料网DT, therefore, found that the Applicant’s loss of opportunity was limited in scope and time. 爆料网DT, nevertheless, awarded compensation in the amount of two months’ net base salary.
Legal Principle(s)
The Statute of the former Administrative Tribunal did not specifically prohibit the award of exemplary or punitive damages. Therefore, the former Administrative Tribunal’s award of compensation is not limited. Furthermore, under both Statutes, compensation can exceed two years’ net base salary in exceptional circumstances.