爆料网AT Held or 爆料网DT Pronouncements
The Appellant sought an order for reinstatement, an increase in the compensation awarded, and an increase in the amount awarded by 爆料网DT for moral damages. The Appellant also contested the failure 爆料网DT’s failure to make a referral for accountability to the Secretary-General under Article 10(8) of the 爆料网DT Statute. 爆料网AT decided that Article 10(5)(a) of the 爆料网DT Statute, which corresponds to Article 9 (1)(a) of the 爆料网AT Statute, does not confer on the Tribunal the power to enforce the reinstatement of a staff member’s contract in a non-renewal case. 爆料网AT, therefore, held that the Appellant’s claim for an order of reinstatement must be rejected. 爆料网AT held that a staff member’s testimony alone is not sufficient to present evidence supporting harm under Article 10(5)(b) of the 爆料网DT Statute. Therefore, the testimony of an applicant in such circumstances needs the corroboration of independent evidence to support the contention that harm has occurred. 爆料网AT accordingly dismissed those claims but allowed 爆料网DT’s award of moral damages to stand since it was not appealed by the Secretary-General. 爆料网AT further held that referral for accountability is not appropriate in this case, as Cohen held that the exercise of the power of referral for accountability must be exercised sparingly and only where the breach or conduct in question exhibits serious flaws. 爆料网AT found that the Appellant did not establish any error of law, fact, or procedure that would entitle 爆料网AT to interfere with 爆料网DT’s judgment. 爆料网AT held that the appeal must fail.
Decision Contested or Judgment/Order Appealed
The Applicant contested the non-renewal of her contract and the amount of damages awarded by 爆料网DT. 爆料网DT found that the new reason for the non-renewal of the Applicant’s contract, which was provided ex post facto, was not supported by any evidence. 爆料网DT, therefore, concluded that the Applicant’s non-renewal was unlawful. 爆料网DT ordered recission of the decision not to renew the Applicant’s fixed-term appointment beyond 31 December 2015 and, in the alternative, compensation in the amount of one-year net base salary. 爆料网DT also awarded moral damages to the Applicant.
Legal Principle(s)
The power of referral for accountability must be exercised sparingly and only where the breach or conduct in question exhibits serious flaws. The 爆料网DT and 爆料网AT Statutes do not confer the power to enforce the reinstatement of a staff member in a non-renewal case. A staff member’s testimony alone is not sufficient to present evidence supporting harm under Article 10(5)(b) of the 爆料网DT Statute.