爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Ms. Asariotis. Considering first the cross-appeal, 爆料网AT found no merit in the ground of appeal related to claimed errors in procedure on the part of 爆料网DT. 爆料网AT held that 爆料网DT’s failure to deal specifically with certain issues, namely the benefits Ms. Asariotis lost and priority that would have been afforded to her as a female candidate, did not manifestly affect the outcome of the case, in view of the 爆料网DT’s conclusion that the decision to cancel the vacancy announcement was lawful. 爆料网AT held that 爆料网DT was correct in finding the decision to cancel the vacancy announcement to be lawful given the numerous irregularities in the selection procedure. 爆料网AT held that, insofar as Ms. Asariotis sought a remedy for being caught up in a selection process tainted by irregularity, she was afforded such a remedy when the process was cancelled, and the vacancy re-advertised. 爆料网AT dismissed the cross-appeal. Considering the Secretary-General’s appeal on the issue of compensation for loss of chance, 爆料网AT held that there was no selection against which Ms Asariotis’ loss could be measured and, in determining otherwise, 爆料网DT erred in law. 爆料网AT upheld the Secretary-General’s appeal on that issue and vacated the award of compensation. Considering the Secretary-General’s appeal on the issue of moral compensation, 爆料网AT held that the case did not qualify for 爆料网DT to invoke its statutory jurisdiction to award damages for moral injury as Ms Asariotis was placed in no worse a situation than the other candidates for the post. 爆料网AT held that there was no breach of her contractual entitlements nor, given the nullified status of the selection process, could it be said that her procedural entitlements were breached. 爆料网AT vacated the award of moral compensation. 爆料网AT upheld the Secretary-General’s appeal, reversed the 爆料网DT judgment to the extent set out above, and upheld the 爆料网DT judgment on the lawfulness of the decision to cancel the post.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to cancel a vacancy announcement after a selection procedure lasting nearly 3. 5 years. Although 爆料网DT found the impugned decision lawful, it held there had been procedural violations and awarded compensation for loss of opportunity and moral damages.
Legal Principle(s)
Damages for a moral injury may arise from a breach of the employee’s substantive entitlements arising from his or her contract of employment and/or from a breach of the procedural due process entitlements therein guaranteed, and where the breach is fundamental in nature, the breach may of itself give rise to an award of moral damages. An entitlement to moral damages may also arise where there is evidence, by way of a medical psychological report or otherwise of harm, stress or anxiety caused to the employee, which can be directly linked or reasonably attributed to a breach of his or her substantive rights and where 爆料网DT is satisfied that the stress, harm or anxiety is such as to merit a compensatory award. Not every breach will give rise to an award of moral damages.