爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that 爆料网DT’s approach, in determining the amount of compensation to be awarded to the Appellant, was reasonable. 爆料网AT relied on its holding in Hastings (2011-爆料网AT-109), where it held that the trial court is in a much better position than 爆料网AT in assessing the probabilities of a candidate being selected for a position. 爆料网AT also found that 爆料网DT correctly concluded that the Appellant should not be awarded any additional compensation beyond the amount already paid to her. 爆料网AT further dismissed the Appellant’s request to award costs against the Secretary-General, noting that there were no grounds to award costs to a party whose claims were rejected. 爆料网AT reversed the imposition of costs against the Appellant after finding that the abuse of process was based on the actions of the Appellant’s counsel during trial. 爆料网AT rejected the Appellant’s request for 爆料网AT to authorise her to obtain and adduce a computation sheet from the 爆料网JSPF of her pension losses due to her non-promotion and noted that it would be irrelevant to the determination of her appeal since 爆料网DT did not rely upon it. 爆料网AT further held that the recording of the 爆料网DT hearing would not add anything to the parties’ submissions and rejected this request. 爆料网AT also rejected the Appellant’s request to adduce, as additional evidence on appeal, the Code of Conduct, noting that it was a document of the court and did not constitute evidence. 爆料网AT noted that the Appellant’s remaining submissions were without merit and found it unnecessary to address them. 爆料网AT granted the appeal in part and reversed the imposition of costs against the Appellant. 爆料网AT dismissed all other grounds of appeal.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to select her for a post. 爆料网AT found that the selection process was unlawful but noted that that the Applicant’s chances of being selected, had there been no irregularities, were only one in four. 爆料网DT set compensation for moral damages at USD 2,000. 爆料网DT found that, in light of the compensation that the Applicant had already received, she should consider that her rights had been more than satisfied. 爆料网DT granted the Secretary-General’s request for an order of costs for abuse of process and ordered the Applicant to pay costs to the Secretary-General. 爆料网DT rejected the Applicant’s request for an order of costs against the Secretary-General. 爆料网DT also rejected the Applicant’s request to refer the case to the Secretary-General for possible action to enforce accountability under Article 10(8) of its Statute.
Legal Principle(s)
Compensation must be set by 爆料网DT following a principled approach on a case-by-case basis, and 爆料网DT should be guided by two elements: (1) the nature of the irregularity, which led to the rescission of the contested administrative decision; and (2) the chance that the staff member would have had to be promoted had the correct procedure been followed.