爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the Secretary-General’s appeal. 爆料网AT agreed with 爆料网DT’s determination that the actual consideration afforded to Gueben et al. was minimal, inadequate, and not in accordance with the relevant instructions. Moreover, 爆料网AT found that 爆料网DT did not err in its interpretation of the relevant provisions in ruling that the Officer in Charge for Human Resources Management could have converted their fixed-term appointments to permanent ones without a limitation of service. Further 爆料网AT found no merit in the Secretary-General’s argument that 爆料网DT improperly substituted its discretion for that of the Assistant Secretary-General for Human Resources Management. 爆料网AT noted that, in adherence to classic principles of judicial review, 爆料网DT scrutinized the conduct of the Officer in Charge for Human Resources Management to determine whether she properly arrived at her decisions and did so not only from the perspective of the appropriate statutory provisions. However, 爆料网AT held that 爆料网DT erred in awarding moral damages to Gueben et al. by not applying the 爆料网DT Statute as it existed at the time 爆料网DT rendered its judgment. 爆料网AT further noted that a mere assertion of distress by a staff member is not sufficient evidence to support an award of moral damages. 爆料网AT upheld the appeal as it applied to the awards of moral damages and dismissed the remainder of the appeal. 爆料网AT affirmed 爆料网DT’s judgment, except for the awards of moral damages, which were vacated.
Decision Contested or Judgment/Order Appealed
Gueben at al. contested the decisions denying conversions of their fixed-term appointments to permanent ones. 爆料网DT held that these decisions were unlawful, as they had not been given sufficient consideration. 爆料网DT rescinded the contested decisions and remanded the matter to the Assistant Secretary-General for Human Resources Management for more in-depth consideration. 爆料网DT further awarded moral damages in the sum of Euros 3,000 to each of Gueben et al.
Legal Principle(s)
The Assistant Secretary-General for Human Resources Management shall have the authority to place, in a suitable position, staff, other than staff members holding a temporary appointment, affected by the abolition of posts or funding cutbacks, when in need of placement outside the normal process. Where the appointment of a staff member is limited to a particular department/office, the staff member may be granted a permanent appointment similarly limited to that department/office. A mere assertion of distress by a staff member is not sufficient evidence to support an award of moral damages.