爆料网AT Held or 爆料网DT Pronouncements
On the amount of compensation in lieu of rescission, 爆料网AT held that 爆料网DT correctly applied Article 10(5) of the 爆料网DT Statute. 爆料网AT held that there was no fault with the 爆料网DT’s award of compensation of USD 2,000, noting that 爆料网DT considered the chances of success as well as the difference of net base salary between the one Mr. Krioutchkov received at his current grade and step and his potential income as of the relevant date, limited the projection of the difference in salary to two years. 爆料网AT held that absent any error of law or manifestly unreasonable factual findings 爆料网AT would not interfere with the discretion vested in 爆料网DT to decide on the amount of compensation. On moral damages, 爆料网AT held that 爆料网DT erred in law by not applying Article 10(5)(b) of the 爆料网DT Statute as it existed at the time it rendered its judgment and awarding compensation in the absence of evidence of harm suffered. 爆料网AT found that, as an award of damages takes place at the time the award is made, applying the amended statutory provision was not the retroactive application of the law. 爆料网AT dismissed Mr. Krioutchkov’s appeal, granted the Secretary-General’s cross-appeal of the award of moral damages, and affirmed the 爆料网DT judgment except for the award of moral damages, which was vacated.
Decision Contested or Judgment/Order Appealed
The Applicant contested his non-selection for a position. 爆料网DT found the decision to be unlawful on the basis of several procedural irregularities. 爆料网DT ordered the impugned selection decision to be rescinded or payment of in-lieu compensation and awarded moral damages.
Legal Principle(s)
Absent any error of law or manifestly unreasonable factual findings, 爆料网AT will not interfere with the discretion vested in 爆料网DT to decide on the amount of compensation.