爆料网AT Held or 爆料网DT Pronouncements
Ms. Azzouni filed an application for revision of judgment No. 2020-爆料网AT-081 for clarification of the date upon which the two years’ net base salary was to be calculated and requested that it be set as of the date of the judgment, or, alternatively, that an interest rate be applied to the compensation awarded from the date of separation to that of the judgment. 爆料网AT held that it would treat the application as an application for interpretation under Article 11(3) of the 爆料网AT Statute. On the basis that the purpose of compensation is to place a staff member in the same position he or she would have been in had the Organisation complied with its contractual obligations, 爆料网AT held that, when calculating the compensation, it must be set as of the date of the breach of the contract rights and not the date of judgment. 爆料网AT noted that, in many cases, in order for the staff member to be placed in the same position he or she would have been in, but for the breach, the award of interest it to be part of the compensation. 爆料网AT held that in this case, the net base salary scale to be applied to the judgment should be calculated as of the time of separation. 爆料网AT held that the Secretary-General correctly calculated the compensation from the date of separation but failed to add the accrued interest to which Ms Azzouni was entitled. 爆料网AT upheld Ms Azzouni’s request for the award of interest. 爆料网AT allowed the application in part, ordering the Secretary-General to add pre-judgment interest on the compensation already paid, calculated at the US Prime Rate applicable on the date of separation to the date of payment.
Decision Contested or Judgment/Order Appealed
Previous 爆料网AT judgment: In judgment No. 2010-爆料网AT-081, 爆料网AT allowed the appeal, set aside the 爆料网DT judgment and ordered reinstatement or alternative compensation in lieu of reinstatement in the amount of two years’ net base salary.
Legal Principle(s)
The purpose of compensation is to place a staff member in the same position he or she would have been in had the Organisation complied with its contractual obligations; accordingly, when calculating the quantum of compensation, it must be set as of the date of the breach of the staff member’s contractual rights and, in many cases, an award of interest will be made.