爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that the appeal was receivable as the Appellant had partially prevailed before 爆料网DT and was entitled to file an appeal to pursue the modification, annulment, or vacation of the impugned judgment. Noting that the crux of the matter before it was the issue of the exchange rate used to calculate the repatriation grant, 爆料网AT held that there was no fault in the 爆料网DT finding that the correct rate was applied because the applicable rate was that which applied on the date of receipt of the proof of relocation. 爆料网AT held that the Appellant did not demonstrate that the 爆料网DT committed any error of fact or law. On the Appellant’s claim for interest on her repatriation grant for the period of delay, 爆料网AT noted that 爆料网DT declined to award interest because the Appellant had already received a payment greater than she would have received if she had been paid in a timely fashion (a year before) with interest, and therefore the Appellant did not suffer any material damage. 爆料网AT held that there was no reason to differ from the 爆料网DT’s conclusion on interest on the basis that findings of fact of 爆料网DT can only be disturbed when there is an error of fact resulting in a manifestly unreasonable decision, which was not the case. On moral damages, 爆料网AT held that 爆料网DT did not commit any error of law in its assessment of the compensation award, which 爆料网AT found to be fair and reasonable. 爆料网AT held that the Appellant did not demonstrate any error of law or manifestly unreasonable factual finding on the part of 爆料网DT. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the delay in paying her a repatriation grant and requested material and moral damages. 爆料网DT dismissed her request for material damages and awarded her USD 500 for moral damages in connection with the Administration’s 12-month delay in payment.
Legal Principle(s)
The purpose of compensation is to place an appellant in the same position he or she would have been in had the Organisation complied with its contractual obligations. Compensation may never give rise to undue enrichment.