2015-惇蹋厙AT-589

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. 惇蹋厙AT held that the procedural errors did not amount to an abuse of power. 惇蹋厙AT held that absent an abuse of power, the compensation for moral damages had to be vacated. 惇蹋厙AT granted the appeal, rejected the cross-appeal, and vacated the 惇蹋厙RWA DT judgment in its entirety.

Decision Contested or Judgment/Order Appealed

惇蹋厙RWA DT judgment: Ms Salem contested three decisions, namely: (a) the decision not to confirm her appointment after a probationary period and to separate her from service; (b) the decision not to investigate her complaint of discrimination and abuse of power; and (c) the decision to close the case in relation to her complaint of discrimination and abuse of power. 惇蹋厙RWA DT found for Ms Salem and awarded moral damages.

Legal Principle(s)

It is not the role of the 惇蹋厙RWA DT to consider the correctness of the choice made by the Administration amongst the various course of action open to it. It is not the role of the 惇蹋厙RWA DT to substitute its own decision for that of the Administration.

Outcome

Appeal granted

Outcome Extra Text

No relief ordered; No relief ordered

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Salem

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement