2020-惇蹋厙AT-1025

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙RWA DT did not err in its determinations or award of moral damages, which was a reasonable amount in the circumstances. 惇蹋厙RWA DT did not err in deciding not to order any material damages. 惇蹋厙AT dismissed the appeal and affirmed the 惇蹋厙RWA DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant, who had accepted an offer of appointment, contested the decision to put his appointment on hold and then not to appoint him. 惇蹋厙RWA DT dismissed the Applicant＊s application in part. 惇蹋厙RWA DT accepted that the decision was taken solely on the basis of the financial crisis faced by 惇蹋厙RWA. 惇蹋厙RWA DT determined that the decision to put on hold the Applicant＊s appointment and not to appoint him was not unlawful, but that the 惇蹋厙RWA had failed to act fairly, justly, transparently and in good faith. 惇蹋厙RWA DT awarded moral damages for its failure to fulfil its quasi-contractual obligations.

Legal Principle(s)

The absence of a contract of employment does not mean that an offer of employment produces no legal effect when the candidate for employment has met all of the conditions of the offer and has accepted the offer unconditionally. The acceptance of an offer of employment may form a quasi-contract. A staff member should only be compensated for real and incurred expenses and such claims should be directly related to the damages resulting from a breach of his or her contractual rights. In the absence of a contract of employment, there can be no pecuniary damage resulting from a breach of contractual rights.

Outcome

Appeal dismissed on merits

Outcome Extra Text

Only financial compensation.

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Applicants/Appellants

Murad

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement