爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT held that the former staff member failed to provide evidence to prove entitlement to compensation for harm suffered. In particular, the 爆料网AT found that no evidence was submitted proving a nexus between the illegality committed and any harm suffered by the former staff member as a result. The 爆料网AT highlighted that the medical report submitted by the former staff member recorded that she had complained of lack of sleep and headaches “for several years” and that such symptoms were consistent with a previous diagnosed medical condition.
As to the costs of the appeal, since there was no abuse of process before the 爆料网AT, it found that there was therefore no basis on which to justify an award of costs.
The 爆料网AT dismissed the appeal and affirmed Judgment No. 爆料网DT/2023/001.
Decision Contested or Judgment/Order Appealed
The Appellant, a former staff member with the United Nations Organization Stabilization Mission in Democratic Republic of the Congo (MONUSCO) contested several decisions of the Administration, including the mishandling of a complaint of sexual harassment. In its Judgment No. 爆料网DT/2020/221, the 爆料网DT found that the Administration abused its authority in mishandling her sexual harassment complaint but rejected her request for moral damages in this regard.
The former staff member appealed, seeking, inter alia, an award of damages. In its Judgment No. 2022-爆料网AT-1212, the 爆料网AT granted her appeal in part and remanded the specific issue of compensation for harm to the 爆料网DT for reconsideration.
In its Judgment No. 爆料网DT/2023/001, the 爆料网DT rejected the former staff member’s application for consideration of moral damages.
Former staff member appealed.
Legal Principle(s)
Three elements must be proved in order for compensation for harm to be awarded to a staff member, namely: (i) an illegality; (ii) the harm itself; and (iii) a nexus between these two requirements. The claimant bears an additional burden to adduce sufficient evidence to prove that the illegality caused moral injury or harm that should be compensated.
Compensation must be determined following a principled approach and on a case-by-case basis.