爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General limited to the amount of compensation. 爆料网AT held that, in the present case, 爆料网DT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years’ net base salary. 爆料网AT held that the award of full salary payable between separation and the date of the 爆料网DT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. 爆料网AT held that it would be adequate, fair, and reasonable to award compensation in lieu of reinstatement in an amount equal to one year’s net base pay. 爆料网AT upheld the appeal in part and vacated the 爆料网DT judgment in part to reduce the quantum of compensation in lieu of reinstatement.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to terminate her appointment for misconduct. 爆料网DT found that the facts on which the disciplinary measure was based had been established in relation to the Applicant’s failure to detect the loss of 704 semi-empty/empty oil cartons in the warehouse during her daily and weekly inventory checks. 爆料网DT, however, found that the established facts did not constitute misconduct within the meaning of the Former Staff Rule 110. 3, and that the penalty of separation from service was disproportionate and unwarranted. 爆料网DT found that a thorough investigation had not been conducted and that it was therefore not reasonable or just to conclude that misconduct had occurred. 爆料网DT ordered rescission of the administrative decision to terminate the Applicant’s appointment, reinstatement and compensation for loss of earnings from the date of her separation from service (1 October 2008) to the date of her reinstatement. In the alternative, 爆料网DT awarded compensation for the loss of earnings from the date of her separation from service to the date of the 爆料网DT judgment. 爆料网DT further awarded compensation in the amount of six months’ net base salary in effect at the time of her termination for the procedural irregularities during the investigation and disciplinary process.
Legal Principle(s)
Under Article 10 of the 爆料网DT Statute, where 爆料网DT rescinds the contested administrative decision of termination, it must necessarily set an amount of compensation in lieu of rescission or specific performance. The 爆料网DT Statute provides no guidelines in the matter of determining the quantum of compensation; however, the elements which can be considered are, among others, the nature and the level of the post formerly occupied by the staff member (i. e. , continuous, provisional, fixed-term), the remaining time and chances of renewal. It must also be taken into account that the two-years' net base salary limit on compensation imposed by the 爆料网DT Statute constitutes a maximum amount, as a general rule with exceptions and, as such, cannot be the average in lieu compensation established by the court.