2010-惇蹋厙AT-095

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered the appeal by the Secretary-General on the compensation awarded. 惇蹋厙AT considered the cross-appeal by Ms Antaki, regarding 惇蹋厙DT＊s finding that the decision not to appoint her was valid and lawful, in a separate judgment (judgment No. 2010-惇蹋厙AT-096). 惇蹋厙AT held that, despite the shortcomings in the process, the decision not to appoint Ms Antaki was both valid and lawful, which should have precluded 惇蹋厙DT from awarding any compensation. 惇蹋厙AT held that 惇蹋厙DT erred in awarding compensation in the absence of any procedural errors in the selection process, or a breach of legal rights. 惇蹋厙AT allowed the appeal and vacated the 惇蹋厙DT judgment regarding the award of compensation.

Decision Contested or Judgment/Order Appealed

惇蹋厙DT judgment: Ms Antaki requested an administrative review of the decision not to appoint her to a P-5 post and claimed that she had been improperly excluded from the promotion. 惇蹋厙DT found that the decision not to appoint her was valid and lawful. However, 惇蹋厙DT found that there was ※inappropriate imprecision and confusion of the matrices§ which contributed to Ms Antaki＊s frustration and justified an award of compensation. 惇蹋厙DT awarded Ms Antaki compensation.

Legal Principle(s)

Not every violation will necessarily lead to an award of compensation. Compensation may only be awarded if it has been established that the staff member actually suffered damages.

Outcome

Appeal granted

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Antaki

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement