爆料网AT Held or 爆料网DT Pronouncements
Noting that that the crux of the Appellant’s appeal was that 爆料网DT erred in failing to award him moral damages by reason of the violation of his right to a fair recruitment process and a missed opportunity, 爆料网AT held there was merit to the appeal. 爆料网AT held that there was no evidence that the Appellant’s claim for moral damages was properly considered by 爆料网DT. 爆料网AT held that on the totality of the evidence, the Appellant had a claim for moral damages. 爆料网AT upheld 爆料网DT’s finding that the recruitment process was flawed in that it was affected by the perception of bias. 爆料网AT granted the appeal in part, upheld the 爆料网DT judgment and ordered the payment of moral damages in the sum of two months’ net base salary.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to separate him from service following the abolition of his post and the decision not to select him for a post. 爆料网DT found partly in favour of the Applicant. 爆料网DT rejected the Applicant’s claim concerning the abolition of his post and ensuing separation from service, finding it to be time-barred. 爆料网DT found the selection process was marred by the perception of bias and awarded compensation.
Legal Principle(s)
Damages for a moral injury may arise from 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.