爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the appeals by the Secretary-General and by Mr Abubakr. Regarding the Secretary-General’s appeal, 爆料网AT agreed with 爆料网DT that the Administration had failed to address Mr Abubakr’s complaint of harassment and discrimination with the required due diligence. 爆料网AT held that 爆料网DT had not erred in law and fact in choosing not to recognize, in any way meaningful, the majority of the actions relied on by the Secretary-General to address Mr Abubakr’s complaints. 爆料网AT held that, by virtue of the “dysfunctional” work of the Panel on Discrimination and Other Grievances (PDOG), Mr Abubakr was left bereft of any proper process through which his claims of harassment and discrimination could be addressed. 爆料网AT rejected the Secretary-General’s pleas that 爆料网DT’s finding that Mr. Abubakr’s predicament merited compensation was erroneous in law and fact. 爆料网AT held that what Mr. Abubakr was being compensated for in the 爆料网DT judgment was the harm caused to him by the fact that he was deprived, by virtue of the breach of his employment rights, of the statutory due process he should have benefited from, as provided for by ST/AI/308/Rev. 1. 爆料网AT held that, while it was not persuaded that the expert medical evidence produced could assist the 爆料网DT Judge, it would nevertheless uphold the 爆料网DT decision that Mr Abubakr’s predicament merited a compensatory award. 爆料网AT held, however, that 爆料网DT erred somewhat on the generous side in comparing the due process deprivations suffered by Mr Abubakr to those in the Applicant case (judgment No. 爆料网DT/2010/148). 爆料网AT reduced the compensation awarded to USD 25,000. Regarding Mr Abubakr’s appeal, 爆料网AT held that the additional issues Mr Abubakr raised extended the scope of the case well beyond the previously agreed by the parties. 爆料网AT held that none of the issues was capable of being litigated since no administrative review had been sought regarding them. 爆料网AT upheld 爆料网DT’s finding that Mr Abubakr had failed to establish that he sustained actual economic loss warranting compensation by reason of the PDOG’s irregularities. Mr Abubakr’s appeal was dismissed in its entirety. 爆料网AT upheld the Secretary-General’s appeal in respect of the 爆料网DT’s award of monetary compensation, which was reduced to USD 25,000.
Decision Contested or Judgment/Order Appealed
Mr Abubakr challenged the Organisation’s failure to address his complaint of harassment and discrimination seeking compensation. 爆料网DT found that the Organisation had failed to properly address Mr Abubakr’s complaint of harassment and discrimination and, therefore, breached his contract. 爆料网DT awarded Mr Abubakr USD 40,000 as compensation for the emotional distress caused by those failures but rejected the request for compensation for actual economic loss.
Legal Principle(s)
爆料网DT is vested with the statutory power to determine, in the circumstances of each case, the remedy it deems appropriate to rectify the wrong suffered by the staff member whose rights have been breached.