爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered both an appeal by Ms Flores requesting an increase in compensation and a cross-appeal by the Secretary-General. 爆料网AT held that 爆料网DT did not err in either determining that there were procedural violations that warranted rescission of the separation decision or in its determination that Ms Flores was not entitled to reinstatement (justifying a material award) as her contract was due to expire shortly after receipt of the dismissal letter. 爆料网AT noted that Ms Flores was not informed prior to the interview what the allegations were. Noting that the records indicated that Ms Flores provided the names of witnesses in her response to the charges and that there was no action taken by the Administration to interview such witnesses, 爆料网AT held that the failure of the Administration in this regard was an undeniable breach of Ms Flores’ due process rights. On the issue of the 爆料网DT’s decision not to order reinstatement due to the forthcoming expiration of Ms Flores’ appointment, 爆料网AT recalled that unless the Administration had made an express promise, abused its discretion or was motivated by discriminatory or improper grounds in not extending the appointment, the non-renewal was not unlawful. 爆料网AT held that Ms Flores did not provide a compelling argument warranting any adjustment to the quantum of compensation. 爆料网AT dismissed both the appeal and the cross-appeal and upheld the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
Ms Flores contested the decision to separate her from service without termination indemnity as a disciplinary measure for misconduct in the form of fraud. 爆料网DT found for Ms Flores, rescinded the decision, ordered the removal of any references to the sanction from her file, and set an award as an alternative to rescission.
Legal Principle(s)
The trial judge is best placed to assess the nature and evidential value of the information being provided by an applicant to 爆料网DT to justify an award of damages, including pecuniary damages.