2014-惇蹋厙AT-429

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered an appeal by the Secretary-General. 惇蹋厙AT noted that the appeal only addressed the award of material damages. 惇蹋厙AT held that the staff member was entitled to one year＊s gross base salary apart from sick leave for the period of his certified illness. 惇蹋厙AT held that the award of twelve months＊ gross base salary for material damages as a result of the non-renewal was not disproportionate, taking into account his service from 2003 to 2011. 惇蹋厙AT held that 惇蹋厙DT had thoroughly examined the governing principles in awarding damages and followed the jurisprudence of 惇蹋厙AT. 惇蹋厙AT dismissed the appeal and affirmed the 惇蹋厙DT judgment.

Decision Contested or Judgment/Order Appealed

惇蹋厙DT Judgment: The Applicant contested the decision not to renew his contract. 惇蹋厙DT found that the impugned decision was unlawful and that the Applicant could reasonably have expected his contract to have been renewed. 惇蹋厙DT awarded the Applicant material damages corresponding to one year＊s gross base salary and moral damages.

Legal Principle(s)

ST/AI/2005/3 (※Sick Leave§) establishes that an appointment shall be extended for the period of certified illness up to the maximum entitlement of sick leave. The Administrative Instruction clearly states that sick leave is an entitlement. Credit for material damages for non-renewal and moral damages may accrue while the staff member is on sick leave because sick leave is not granted in compensation for the loss of earning or loss of expectations but because of incapacitation for service by reason of illness that continues beyond the date of expiration of the appointment.

Outcome

Appeal dismissed on merits

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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

Leclercq

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement