爆料网AT Held or 爆料网DT Pronouncements
爆料网AT had before it the Secretary-General’s appeal against judgment Nos. 爆料网DT/2013/004 (judgment on receivability) and 爆料网DT/2013/128 (judgment on the merits). 爆料网AT held that there was no reason to upset the 爆料网DT’s finding that the parties sought the mediation of their dispute and were within the deadlines for filing an application. 爆料网AT held, affirming 爆料网DT’s finding, that the Applicant’s application was receivable by 爆料网DT. Noting that the Applicant commenced employment with 爆料网ICEF less than three months after her separation and with no reduction in level or step from her previous role, 爆料网AT held that the award of six months’ net base salary was far in excess of her actual loss of earnings and held that it would be adequate, fair and reasonable to award the Applicant compensation of three months’ net base salary. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment, subject to a variation of the award of six months’ net base salary to three months’ net base salary.
Decision Contested or Judgment/Order Appealed
The Applicant contested the following decisions: the decision to extend her fixed-term contract for only six months; the rebuttal panel’s decision to uphold her performance rating of “partially met expectations”; and the decision not to renew her fixed-term contract and to place her on special leave. 爆料网DT found that the decisions were receivable, with the exception of the rebuttal panel’s decision, and that the Applicant had a reasonable expectation of renewal for one year, awarding compensation.
Legal Principle(s)
The purpose of compensation is to place the staff member in the same position he or she would have been in had the Organisation complied with its contractual obligations.