爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General limited to contesting the award by 爆料网DT of three months’ net base salary as compensation for damage to Ms Haroun’s career prospects. 爆料网AT held that 爆料网DT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun’s separation from service. 爆料网AT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances of such separation. 爆料网AT held that the Secretary-General, in violation of his right to due process and a fair hearing, was not given an opportunity to present his views on the possible reliance of the 爆料网DT on the separation for an award of damages. 爆料网AT granted the Secretary-General’s motion to reject additional evidence related to the separation submitted after closing arguments. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment to the extent that it awarded compensation for damage to career prospects.
Accountability referral: The 爆料网DT referred Mr. Arumugham and Ms. Nandkumar for accountability for having either deliberately ignored or feigned ignorance of the pertinent principles governing the role of a manager or supervisor contained in the 2014 Standards of Conduct for the International Civil Service. The referral for accountability was not appealed and the 爆料网AT did not take a decision on it.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to reassign her. 爆料网DT held that the decision to reassign her was unlawful. As 爆料网DT had been informed that the Applicant had been separated in the interim (after closing submissions), 爆料网DT awarded compensation.
Legal Principle(s)
Adjudication of a case based on information not on the record may violate the other party’s right to due process and a fair hearing.