爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. The Secretary-General asserted that 爆料网DT erred in determining the amount of compensation to be awarded to Mr Kozlov and Mr Romadanov for the irregularity in the proceedings. Relying on Kasyanov (2010-爆料网AT-076) and Wu (2010-爆料网AT-042), 爆料网AT noted that it previously awarded compensation in the amount of two months’ net base salary where the decision not to appoint the applicants was procedurally flawed. 爆料网AT found no reason to depart from this jurisprudence as no pecuniary loss was shown on part of Mr Kozlov and Mr Romadanov. 爆料网AT also noted that Mr Romadanov should not have been granted moral damages, as the note from his psychotherapist was not sufficient evidence of moral damages and no medical bills or other evidence was produced. 爆料网AT granted the appeal in its entirety; 爆料网AT reduced the award of non-pecuniary damages to two months’ net base salary for Mr Kozlov and Mr Romadanov and set aside the award to Mr Romadanov of three months’ net base salary for moral injury.
Decision Contested or Judgment/Order Appealed
Mr Kozlov and Mr Romadanov contested their non-selection for respective posts. 爆料网DT found that there were procedural irregularities in the selection processes and that their candidacies had not been fully and fairly considered. 爆料网DT awarded both Mr Kozlov and Mr. Romadanov one year’s net base salary as non-pecuniary compensation and also awarded Mr Romadanov three months’ net base salary for moral damages.
Legal Principle(s)
Not every violation will necessarily lead to an award of compensation under Article 10(5)(b) of the 爆料网DT Statute when no damages are shown. Moral damages may not be awarded without specific evidence supporting the award.