爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the Secretary-General’s appeal and found that 爆料网DT erred in law and fact by awarding a remedy to Mr Nwuke. 爆料网AT held that the violation of Mr Nwuke’s due process rights did not, in and of itself, entitle him to an award of damages and that there was no evidence of any pecuniary loss or harm suffered by Mr Nwuke as a result of said violation. Moreover, 爆料网AT held that not every violation of a staff member’s right will necessarily lead to an award of compensation and there are no legal grounds that can justify such an award when no actual prejudice is found. 爆料网AT accordingly upheld the appeal and vacated 爆料网DT’s judgment, with the exception of its findings of non-receivability in paragraphs 61 and 68(d) of the judgment.
Decision Contested or Judgment/Order Appealed
Mr Nwuke contested the decision to not award him remedies for the violation of his procedural rights. 爆料网DT found that the Secretary-General’s decision to not grant a remedy to Mr Nwuke was “perverse” and ordered three months’ net base salary as compensation for the breach of Mr Nwuke’s due process rights.
Legal Principle(s)
Not every violation of a staff member’s right will necessarily lead to an award of compensation; there must be evidence of pecuniary loss or harm suffered as a result of the violation.