爆料网AT Held or 爆料网DT Pronouncements
Noting that the Appellant, the innocent party, lost her employment, her career prospects within the Organisation, and the offending managers remained entrenched in their positions, 爆料网AT held that there was a substantial variation or a striking disparity between the award made by 爆料网DT and the award that 爆料网AT considered ought to have been made. 爆料网AT held that, given that an order of reinstatement was unlikely to be implemented, a more generous award was justifiable in the circumstances. 爆料网AT held that 爆料网DT did not err in law or fact in denying moral damages, as there was no corroborating evidence to the Appellant’s own testimony and thus, the evidence did not meet the evidentiary standard. 爆料网AT upheld the appeal and modified the 爆料网DT judgment to award 24 months’ net base salary (with interest) as compensation for the unlawful termination of her appointment.
Decision Contested or Judgment/Order Appealed
The Applicant contested her termination and the decision to exclude her from the comparative review exercise involving warehouse assistants. 爆料网DT held that the decision to exclude the Applicant from the comparative review, which formed the basis of the decision to terminate her employment, was tainted with bad faith and improper motive. 爆料网DT found that the decision to terminate the Appellant’s employment was unlawful. 爆料网DT awarded six months’ net base salary as compensation and referred the conduct of one of the managers to the Secretary-General for possible action to enforce accountability.
Legal Principle(s)
爆料网AT ordinarily will be reluctant to interfere with an award of compensation by the 爆料网DT but is entitled to do so where (i) there has been an irregularity or misdirection; (ii) no sound or reasonable basis exists for the award; or (iii) there is a substantial variation or a striking disparity between the award made by 爆料网DT and the award 爆料网AT considers ought to have been made. Where there is a substantial variation or a striking disparity between a compensation award made by 爆料网DT, and the award 爆料网AT considers ought to have been made, 爆料网AT should interfere on the ground of a factual error, resulting in a manifestly unreasonable decision. Where retaliation against a staff member takes the form of termination of employment, and reinstatement is neither likely nor practical, then substantial awards of compensation will be appropriate.