爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT had erred on a question of fact by finding that the three-year ban on promotion “influenced” the Applicant’s decision to resign. 爆料网AT noted that, three months after the Applicant’s resignation, the Administration revoked the third part of the sanction, the three-year ban on promotion, acting in line with 爆料网AT’s jurisprudence concerning the illegality of that measure because it was not provided for in the former Staff Rules applicable at the time. 爆料网AT held that the modification of the imposed measures did not entail a significant change in the staff member’s situation. 爆料网AT held that the circumstances would lead to the conclusion that the decision to resign was voluntarily adopted by the staff member faced with the difficult situation at work he himself had caused. 爆料网AT held that any financial loss the staff member might have suffered appeared to be generated by the lawful demotion (first) or the voluntary resignation (later) and that there were no grounds for compensating what was not caused by the Administration’s illegal ban on promotion. 爆料网AT held that all the consequences and alleged injuries suffered by the staff member in the present case were caused by the staff member’s overall situation and status at the time of his sanction and resignation, and not by the illegal ban on promotion. 爆料网AT upheld the appeal and vacated the compensation awarded by 爆料网DT.
Decision Contested or Judgment/Order Appealed
The Applicant challenged disciplinary measures imposed on him for misconduct in the form of accessing and reading confidential emails of the Special Assistant to the Secretary-General of 爆料网CTAD. 爆料网DT found that the decision to demote the Applicant did not exceed the Administration’s discretionary power and rejected the Applicant’s contention that the disciplinary measure was disproportionate. 爆料网DT concluded that the unlawful three-year ban caused the Applicant additional anxiety and frustration and influenced his decision to resign. 爆料网DT awarded compensation in the amount of USD 10,000 for harm related to the imposition of the three-year ban on promotion.
Legal Principle(s)
As stated by 爆料网AT in Wu (judgment No. 2010-爆料网AT-042), not every illegality will necessarily lead to an award of compensation.