爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Commissioner-General. 爆料网AT held that the Commissioner-General’s appeal was not time-barred and was, therefore, receivable. 爆料网AT found that no request for compensation for loss of earnings (salary) had been made. Accordingly, 爆料网AT held that 爆料网RWA DT did not have jurisdiction to award compensation for loss of earnings. 爆料网AT held that any financial loss appears to be generated as the main cause and directly by the Director of 爆料网RWA Affairs, Lebanon’s (DUA/L) decision to cancel the secondment and that this decision was found to be lawful by the 爆料网RWA DT and that the DUO/G’s delay in providing his approval was held not to be a fundamental breach of rights. 爆料网AT upheld the appeal and vacated the 爆料网RWA DT judgment.
Decision Contested or Judgment/Order Appealed
爆料网RWA DT judgment: The Applicant sought i) rescission of the contested decision to cancel his secondment to the post of Hydrogeologist at the Lebanon Field Office (LFO); ii) compensation for the expenses incurred in preparing for his secondment to the LFO; and iii) compensation for moral damages caused by the Agency’s abuse of power. 爆料网RWA DT found that the decision to cancel the Applicant’s secondment to the LFO was lawful. 爆料网RWA DT found that the delay for more than one month caused by the Director of 爆料网RWA Operations, Gaza (DUO/G) in providing his approval for the Applicant’s release, knowing the urgency of the matter, was inordinate and deprived the Applicant of the opportunity of being appointed to the post. 爆料网RWA DT ordered the Agency to pay compensation, representing the difference between his current net salary and the amount advertised for the post for one year. 爆料网RWA DT rejected the request for moral damages.
Legal Principle(s)
The Dispute Tribunal may award compensation for actual pecuniary or economic loss, including loss of earnings, as well as non-pecuniary damage, procedural violations, stress, and moral injury. It is not enough to demonstrate illegality to obtain compensation: the claimant bears the burden of proof to establish the existence of negative consequences, able to be considered damages, resulting from the illegality on a cause-effect lien. The Dispute Tribunal is not competent to award compensation of the specific kind, namely for actual pecuniary or economic loss, including loss of earnings, as well as non-pecuniary damage, procedural violations, stress, and moral injury, without a previous claim for such damage and compensation. If no request for such compensation is made by the Applicant, the Dispute Tribunal lacks jurisdiction to award this kind of compensation sua sponte. Not every violation of due process rights will necessarily lead to an award of compensation.
Outcome
Outcome Extra Text
No relief ordered; No relief ordered.