2015-惇蹋厙AT-587

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT had before it an appeal by the staff member limited to the award of compensation. 惇蹋厙AT noted that 惇蹋厙RWA DT set the compensation in lieu of reinstatement award by calculating the sum the Appellant would have received for the remainder of his two-year contract, less the amount he received as salaries from other employers during the same period. 惇蹋厙AT held that there was no error in this regard. 惇蹋厙AT held that it was satisfied that in its assessment of compensation in lieu of reinstatement, 惇蹋厙RWA DT was conscious of the Appellant＊s claims for loss of opportunity. 惇蹋厙AT held that, in view of the large discretion afforded to 惇蹋厙RWA DT in matters related to compensation, 惇蹋厙AT deferred to 惇蹋厙RWA DT when it determined compensatory damages to cover loss of earning and loss of opportunities. 惇蹋厙AT held that, as it found that 惇蹋厙RWA DT did not commit any error of law in its assessment of the compensation award, which 惇蹋厙AT found to be fair and reasonable, 惇蹋厙AT would not interfere with the award. 惇蹋厙AT held that the Appellant＊s submissions that 惇蹋厙RWA DT erred as a matter of law when it did not included entitlements in its awarded compensation were misconceived, as there was a two-year cap on compensatory damages, noting that 惇蹋厙RWA DT had not recorded any reasons for considering that this was an exceptional case warranting an award higher than two years＊ net base salary. Noting the two years＊ net base salary cap, 惇蹋厙AT held that it was irrelevant that, by his own calculation the Appellant may have earned up to USD 98,576, a sum equivalent to more than four years＊ net base salary. On the Appellant＊s claim that the award for moral damages of USD 5,000 was paltry compared to other awards for non-pecuniary damages by 惇蹋厙AT, 惇蹋厙AT reiterated that the assessment of compensation was done on a case-by-case basis and according to the discretion of each Tribunal. 惇蹋厙AT held the 惇蹋厙RWA DT did not commit any error of law in its assessment of the compensation award for material and moral damages which were fair and reasonable. 惇蹋厙AT dismissed the appeal and affirmed the judgment of 惇蹋厙RWA DT.

Decision Contested or Judgment/Order Appealed

惇蹋厙RWA DT: The Applicant contested his termination. 惇蹋厙RWA DT found the contested decision was illegal, ordered its rescission, and awarded compensation for material damages (USD 18,500), which included compensation for loss of opportunity, and moral damages (USD 5,000).

Legal Principle(s)

The assessment of compensation is done on a case-by-case basis and according to the discretion of each Tribunal.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

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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

Faraj

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement