爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General against judgment Nos. 爆料网DT/2011/209 (on liability) and 爆料网DT/2012/062 (on relief). 爆料网AT held that there was no evidence to support the 爆料网DT’s conclusion that, had the 爆料网 Staff Pension Committee (爆料网SPC) not proceeded with its determination, Ms Shanks would more likely than not have been found fit to resume her duties. 爆料网AT held that the only valid conclusion available on the medical evidence was that Ms Shanks was not entitled to return to work on a part-time basis since she was not able to obtain medical clearance permitting it. 爆料网AT held that it was proper for the Secretary-General to terminate Ms Shanks’ appointment, since there was no other option. 爆料网AT held that Ms Shanks’ inability to satisfy the minimum 爆料网DP policy requirements for part-time employment was a crucial piece of evidence that 爆料网DT had failed to properly consider and that this failure led the 爆料网DT to serious factual errors, resulting in manifestly unreasonable decisions. 爆料网AT held that these factual errors tainted both 爆料网DT judgments and rendered the findings therein untenable. 爆料网AT held that the failure of human resources to inform Ms Shanks that a determination of disability would result in her termination had no consequences for Ms Shanks. 爆料网AT held that Ms Shanks suffered no actual prejudice which could result in compensable damages. 爆料网AT upheld the appeal and vacated both 爆料网DT judgments.
Decision Contested or Judgment/Order Appealed
The Applicant, who was seriously injured in a motor vehicle accident en route to work, was hospitalised and remained on sick leave for many months, contested the decision to separate her from service for reasons of incapacitation. In judgment No. 爆料网DT/2011/209, 爆料网DT found in favour of the Applicant on liability. In judgment No. 爆料网DT/2012/062, 爆料网DT awarded the Applicant pecuniary and non-pecuniary damages.
Legal Principle(s)
Actual prejudice is required in order to receive an award of compensation.