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 recalled that 爆料网AT expressly held in Mmata (judgment No. 2010-爆料网AT-092) that Article 10. 5 of the 爆料网DT Statute limited the total of all compensation to the equivalent of two years’ net base salary of the applicant, unless higher compensation was warranted and reasons were given to explain what makes the case exceptional. 爆料网AT noted that the case was exceptional, including a series of orders for suspension of action, findings of fact pointing to evidence of abuse of authority, retaliatory threats, and a hostile and offensive environment requiring protective measures for Mr Kasmani’s witnesses, which supported an increased award. However, 爆料网AT held that the award of 28 months’ net-base salary was excessive. 爆料网AT held that there was no merit in the ground of appeal relating to the order of 爆料网DT for the Ethics Office to remain seized of the matter as it was merely an extension of its previous order. 爆料网AT allowed the appeal against the quantum of compensation by 爆料网DT, set aside the compensation awarded by 爆料网DT, and awarded USD 10,000 in compensation.
Decision Contested or Judgment/Order Appealed
The Applicant contested his separation from service. 爆料网DT found for the Applicant, awarded compensation, and ordered the Ethics Office to remain seized of the matter and monitor the situation.
Legal Principle(s)
The 爆料网DT Statute limits the total of all compensation ordered under Articles 10.5(a) and 10.5(b), or both, to the equivalent of two years’ net base salary of the applicant, unless higher compensation is warranted, and reasons are given to explain what makes the case exceptional.