爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the staff member and a cross-appeal by the Secretary-General. Regarding the cross-appeal of the Secretary-General on material damages, 爆料网AT held that 爆料网DT was the body best placed to assess a candidate’s chance of selection for placement on the roster. 爆料网AT held that the fact that there were several candidates selected from the roster in the months following the roster approval was sufficient to underpin 爆料网DT’s assessment that the staff member’s chances were not in the realm of the speculative. 爆料网AT held that there was no merit in the Secretary-General’s cross-appeal and dismissed it accordingly. Regarding the staff member’s appeal on material damages, 爆料网AT held that 爆料网DT was the forum best placed to assess the compensation and that it would not trespass upon the 爆料网DT’s function in this regard. However, 爆料网AT held that 爆料网DT had not paid due regard or attached sufficient weight to the fact that several candidates were selected following the roster approval and accordingly, 爆料网AT substituted the sum of USD 3,000 with an award of two months’ net base salary. Regarding the staff member’s appeal on moral damages, 爆料网AT held that there was no merit to her claim of procedural unfairness. 爆料网AT held that the extensive case the staff member presented on appeal had not been presented before 爆料网DT and that there was no error of law on the part of 爆料网DT in finding the claim for mental distress as not substantiated. 爆料网AT dismissed the claim for moral damages. 爆料网AT upheld the staff member’s appeal in part, dismissed the Secretary-General's cross-appeal and vacated the 爆料网DT judgment in part to substitute the amount awarded for material damages for two months’ net base salary, with interest at the US Prime Rate accruing from the date of the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
爆料网DT Judgment: The Applicant contested the decision that deemed her ineligible for P-5 positions advertised under a generic vacancy announcement. 爆料网DT found that the application was receivable. 爆料网DT found that the Administration’s conclusion that the Applicant was ineligible to apply for a post two grades higher than her personal grade amounted to discrimination against the Applicant vis-à-vis male applicants in the same contractual situation. 爆料网DT rescinded the contested decision. 爆料网DT found that by deeming her ineligible, after she had successfully passed the written test, and by denying her the possibility to pass the interview, the Applicant had lost a chance of being selected for inclusion on the roster and ultimately to be selected for a P-5 position. 爆料网DT found that she also had lost a chance to considerably improve her status within the Organisation at the material time. 爆料网DT awarded compensation of USD 3,000 for the material damages sustained by Applicant. 爆料网DT, however, concluded that the Applicant had not established any entitlement to moral damages, finding that she had not substantiated her claim in this regard and had not provided evidence to support it.
Legal Principle(s)
Where a loss of chance becomes speculative, including, but not limited to, being a less than a ten per cent chance, damages should not be awarded. On the issue of what damages should be awarded where an infringement of a staff member’s rights is established, 爆料网AT has stated that 爆料网DT is the forum best placed to assess monetary compensation.