2017-惇蹋厙AT-713

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered an appeal by the Secretary-General. 惇蹋厙AT held that 惇蹋厙DT erred in law when it held that the amendment to Article 10(5)(b) of the 惇蹋厙DT Statute, which required harm to be supported by evidence for the award of damages, was not applicable because Ms Tsoneva had filed her application before the amendment entered into force, on the basis that an award of damages takes place at the time the award is made. 惇蹋厙AT held that applying the amended statutory provision is not the retroactive application of law but rather, it is applying existing law. 惇蹋厙AT held that 惇蹋厙DT erred in law by not applying the 惇蹋厙DT Statute as it existed at the time 惇蹋厙DT rendered its judgment. 惇蹋厙AT held that, by inferring that Ms Tsoneva suffered frustration, denigration and emotional distress without any specific evidence, 惇蹋厙DT erred in law. 惇蹋厙AT granted the appeal and vacated the award of damages for moral harm ordered by the 惇蹋厙DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to promote her. 惇蹋厙DT found that the decision was unlawful due to procedural errors and ordered rescission or in lieu compensation and compensation for moral harm.

Legal Principle(s)

Evidence of harm is required to sustain an award of compensation.

Outcome

Appeal granted

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Tsoneva

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement