爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the appeal by the Secretary-General. 爆料网AT rejected the Secretary-General’s request for leave to submit new evidence since the Secretary-General had the opportunity to present the evidence before 爆料网DT. 爆料网AT further rejected the staff member’s requests in response and to conduct an oral hearing finding that the appealed issues had been adequately clarified. 爆料网AT held that 爆料网DT had not erroneously substituted itself for the Administration. 爆料网AT held that 爆料网DT’s findings were supported by evidence and would, therefore, not interfere with the determination as to the existence of bias against the staff member. Therefore, 爆料网AT affirmed the 爆料网DT judgment regarding the rescission of the impugned decision. 爆料网AT, however, held that the compensation awarded in lieu of rescission, coupled with the award of lost salary at the upgraded P-5 level, was excessive considering that, even if selected, the chance for the staff member was to be appointed for one year. 爆料网AT partly upheld the appeal and modified the 爆料网DT judgment to reduce the compensation in lieu granted and vacated the award of compensation for substantive and procedural irregularities.
Accountability referral: The 爆料网AT affirmed the referral for accountability.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to select her for the upgraded post. 爆料网DT found that the Applicant’s non-selection for the upgraded post and her subsequent separation from the Organisation were “motivated by bias, procedural breaches, retaliation, and other improper motives”. 爆料网DT ordered rescission of the contested decision, the Applicant’s reinstatement and deployment in the next available P-5 country representative position, or a similar post, together with payment of salary at the upgraded P-5 level since the time of her separation. In the alternative to reinstatement, 爆料网DT awarded compensation in lieu. 爆料网DT also awarded compensation for substantive and procedural irregularities.
Legal Principle(s)
Under Article 9. 1(b) of the 爆料网AT Statute, 爆料网AT may only order compensation for harm, supported by evidence, which shall normally not exceed the equivalent of two years’ net base salary of the applicant. 爆料网AT may, however, in exceptional cases order the payment of higher compensation for harm, supported by evidence, and shall provide the reasons for that decision. Similarly, Article 10. 5(b) of the 爆料网DT Statute provides that 爆料网DT may only order compensation for harm, supported by evidence, which shall normally not exceed the equivalent of two years’ net base salary of the applicant. 爆料网DT may, however, in exceptional cases order the payment of higher compensation for harm, supported by evidence, and shall provide the reasons for that decision.