爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that the reason upon which 爆料网DT decided not to rescind the contested decision, i. e. the lapse of time, was insufficient justification. 爆料网AT held that, given the grossly negligent illegalities in which the selection process was conducted as found by 爆料网DT, rescission of the contested decision was mandatory and could not be avoided on the basis of the excessive length of time between the filing of the application and the 爆料网DT judgment. 爆料网AT held that allowing the decision not to select the Appellant to remain in effect as if it was correct, despite its clear illegality, was not consistent with the idea of fair justice and reliability of selection processes within the Organisation, nor does it go in harmony with the good practices and the high standards of the Organisation. 爆料网AT held that, given the fact that some compensation for harm had already been set, it found it reasonable to determine the in-lieu compensation in the amount of 3-months’ net base salary at the higher level. 爆料网AT upheld the 爆料网DT judgment in part, modified the 爆料网DT judgment by rescinding the non-selection decision and determining an in-lieu compensation amount equivalent to 3-months’ net base salary at the D-1 level, and affirmed the 爆料网DT decision in respect of costs and compensation for harm.
Accountability referral: In addition, 爆料网AT noted the 爆料网DT’s findings of clear evidence of manipulation of the test results and selection process, which were serious and troubling. 爆料网AT held that this warranted an investigation and referred the matter of the hiring manager’s conduct to the Secretary-General for possible action to enforce accountability.
Decision Contested or Judgment/Order Appealed
The Applicant contested his non-selection for a position. In its first judgment (No. 爆料网DT/2017/012), 爆料网DT acknowledged the illegality of the decision but did not order rescission of the non-selection decision on the grounds that it would have been disproportionate. 爆料网DT awarded the Applicant USD 4,000 for procedural violations. Both parties appealed judgment No. 爆料网DT/2017/012 to 爆料网AT. In judgment 2017-爆料网AT-792, 爆料网AT remanded the case for an additional finding of fact. In its second judgment No. 爆料网DT/2019/150, 爆料网DT granted the application in part as it found that the Applicant had not been given full and fair consideration in the selection exercise and that, since the rescission of the decision was no longer feasible, ordered the Administration to pay compensation for loss of chance equivalent to 50 percent of the difference between his salary and the salary he would have achieved for two years had he been selected (compensation for harm). 爆料网DT awarded USD 3,000 in costs for manifest abuse of process.
Legal Principle(s)
In matters of compensation, due deference shall be given to the trial judge in exercising his or her discretion in a reasonable way following a principled approach.