2018-惇蹋厙AT-858

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 there was no sufficient evidence before 惇蹋厙DT to justify its findings of ※moral injury§. 惇蹋厙AT held that 惇蹋厙DT erred when it awarded compensation on a claim of ※moral injury§ without the support of evidence, apart from the testimony of the Appellant. 惇蹋厙AT upheld the appeal and vacated the 惇蹋厙DT judgment regarding the award of compensation for moral harm.

Decision Contested or Judgment/Order Appealed

The Applicant contested the amount of separation entitlements she received following her resignation from 惇蹋厙ICEF. 惇蹋厙DT rejected the request to grant the Applicant a termination indemnity, finding that the termination indemnities may only be paid to staff members whose contracts have been terminated by the SG but not to those who have resigned. 惇蹋厙DT found, however, that the 惇蹋厙ICEF Administration had failed to fulfil its duty of timely payment of the lump sum in lieu of accompanied shipment. 惇蹋厙DT denied the plea for pecuniary damages and awarded the Applicant compensation for moral damages for the distress caused by the delay in payment. 惇蹋厙DT partially granted the application.

Legal Principle(s)

Evidence of moral injury consisting exclusively of the testimony of the complainant is not sufficient without corroboration by independent evidence (expert or otherwise) affirming that non-pecuniary harm has indeed occurred.

Outcome

Appeal granted

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

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