2013-��AT-288

��AT Held or ��DT Pronouncements

��AT considered an appeal by the Secretary-General. ��AT held that ��DT erred in law and exceeded its competence by awarding compensation for distress without a previous claim for damages. ��AT noted that Mr Debebe��s claim before the Joint Appeals Board (JAB) had been limited to material or pecuniary damages related solely to remuneration. ��AT held that ��DT did not have jurisdiction to award compensation for moral damage. ��AT allowed the appeal and vacated the ��DT judgment to the extent that it awarded compensation for moral damages.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to promote him. ��DT rejected the Applicant��s request for promotion but awarded four months�� net base salary for distress.

Legal Principle(s)

A court may not award compensation for distress without a party having first requested it.

Outcome

Appeal granted in part

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Debebe

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement