爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General and an appeal by Mr. Longone. 爆料网AT held that judgment No. 2013-爆料网AT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: 爆料网AT held that 爆料网DT erred in law in finding that the authority to grant permanent appointments to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members was vested in the ICTY Registrar and, accordingly, vacated the 爆料网DT decision on that basis and upheld the Secretary-General’s appeal on that issue; 爆料网AT held that each candidate for permanent appointment was lawfully entitled to an individual and a considered assessment before a permanent appointment could be granted or denied and that this was their statutory entitlement which could not be disregarded; 爆料网AT held that the staff members (including Mr. Langone) were discriminated against because of the nature of the entity in which they were employed and that, therefore, the decision of the Assistant Secretary-General for the Office of Human Resources Management (ASG/OHRM) was legally void, being tainted by arbitrariness and the violation of the staff members’ due process rights; 爆料网AT held that the approach of the ASG/OHRM violated the provision that staff members would be given every reasonable consideration for permanent appointment and that the ASG/OHRM was not entitled to place reliance on the operational realities of the Organisation to the exclusion of all other relevant criteria set out in General Assembly Resolution 51/226; 爆料网AT held that Mr. Longone’s right, which was violated by the aforementioned discriminatory actions and by the absence of due process, was not entitled to the granting of a permanent appointment, but, rather to be fairly, properly, and transparently considered for permanent appointment; 爆料网AT rescinded the impugned decision and remanded the matter to 爆料网DT; 爆料网AT held that Mr. Longone’s appeal with respect to the setting of compensation had been rendered moot and 爆料网AT found no basis to award him pecuniary damages; 爆料网AT held that the substantive due process breaches in the ASG/OHRM’s decision-making met the fundamental nature test established in Asariotis (judgment No. 2013-爆料网AT-309) and, as such, of themselves merited an award of moral damages of 3,000 Euros. 爆料网AT vacated the 爆料网DT judgment, rescinded the decision of the ASG/OHRM, remanded the ICTY conversion exercise to the ASG/OHRM for retroactive consideration of the suitability of Mr Longone within 90 days of the date of the publication of its judgment in accordance with the guidelines set out therein; and awarded Mr Longone 3,000 Euros in non-pecuniary damages.
Decision Contested or Judgment/Order Appealed
Previous decision: The Appellant contested the decision not to grant him a permanent appointment. 爆料网DT found for the Appellant, ordering compensation in lieu of specific performance.
Legal Principle(s)
There is a right to be fairly, properly, and transparently considered for a permanent appointment. Damages for a moral injury may occur related to 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; where the breach is of a fundamental nature, the breach may of itself give rise to an award of moral damages, not in any punitive sense for the fact of the breach having occurred, but rather by virtue of the harm to the employee.