爆料网AT Held or 爆料网DT Pronouncements
爆料网AT affirmed the 爆料网DT award of compensation for loss of earnings for seven months from the date of the staff member’s separation from service to the date of the 爆料网DT judgment (as an alternative to the order for reinstatement of the staff member) plus an additional amount of two years’ net base salary. The Secretary-General maintained that, while the total of these amounts exceeded the compensation limit of two years’ net base salary, 爆料网DT did not particularize any reasons to justify an increased award under Article 10.5(b) of the 爆料网DT Statute. 爆料网AT held that Article 10.5(b) does not require a formulaic articulation of aggravating factors; rather that it requires evidence of aggravating factors that warrant higher compensation. In addition to finding that the staff member was unfairly dismissed for serious misconduct, 爆料网DT found evidence of blatant harassment and an accumulation of aggravating factors that supported an increased award. 爆料网AT found no error in law or in fact concerning 爆料网DT’s finding that this was an exceptional case justifying the amount of compensation awarded.
Decision Contested or Judgment/Order Appealed
The former staff member contested the decision to impose on him the disciplinary measure of separation from service without notice. 爆料网DT found that the Secretary-General had unfairly dismissed the former staff member and ordered reinstatement with loss of earnings up to the date of reinstatement. In the alternative, 爆料网DT ordered compensation for loss of earnings up to the date of judgment and an additional amount of compensation of two years’ net base salary.
Legal Principle(s)
In exceptional cases, compensation may be ordered exceeding two years’ net base salary. Article 10.5(b) of the 爆料网DT Statute does not require a formulaic articulation of aggravating factors; rather it requires evidence of aggravating factors that warrant higher compensation.