2010-��AT-070

��AT Held or ��DT Pronouncements

��AT considered an appeal that centred on whether the Appellant should be awarded enhanced compensation of three months�� net base salary. ��AT held that ��DT did not make a reversible error in declining to award compensation for moral suffering. ��AT held that the case was distinguishable from Mebtouche (��DT/2009/039), where the Applicant, Mr Mebtouche, had already retired and had no chance of being promoted, therefore enhanced compensation was justified. ��AT held that enhanced compensation could not be awarded to the Appellant. ��AT dismissed the appeal and affirmed the ��DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to promote him. ��DT found for the Applicant, ordering rescission of the decision and compensation.

Legal Principle(s)

A staff member has the right to full and fair consideration for promotion, not to a promotion.

Outcome

Appeal dismissed on merits

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Applicants/Appellants

Andrysek

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement