爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the Secretary-General’s appeal and Mr Terragnolo’s cross-appeal, noting that only the compensation awarded by 爆料网DT was being contested. With respect to the Secretary-General’s appeal, 爆料网AT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. 爆料网AT noted that the impugned judgment followed 爆料网AT’s jurisprudence, but 爆料网DT’s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. 爆料网AT held that due respect must be shown to the trial court’s assessment of the quantum of damages and that it should not interfere with the exercise of that discretion. Following this reasoning, 爆料网AT also found no merit in Mr Terragnolo’s cross-appeal and noted that the amount of compensation for moral damages could not be increased due to a finding of retaliation, because there was no evidence on the record that it caused the administrative illegality. 爆料网AT found no merit in Mr Terragnolo’s claim for reimbursement of the cost of his studies, as that was a benefit he acquired irrespective of any examinations or competing processes that he could have attended or actually attended. 爆料网AT dismissed the appeal and cross-appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
Mr Terragnolo contested the Central Examinations Board’s decision not to convoke him to the written Young Professional Program examination in economic affairs on the basis that his educational qualifications did not meet the prescribed requirements. 爆料网DT held that Mr Terragnolo’s educational qualifications entitled him to sit for the examination and that the decision to refuse his candidacy on this basis was manifestly erroneous and unlawful. 爆料网DT awarded Mr Terragnolo USD 8,000 as compensation for pecuniary damages and USD 2,500 for moral damages.
Legal Principle(s)
Mere allegations, speculations, justified or unjustified fears or suspicions of persecution, or the sole circumstance of serving as a Staff Union representative, who experiences an administrative illegality, do not allow for a conclusion of retaliation.