爆料网AT Held or 爆料网DT Pronouncements
It would make no logical sense to rescind the “the decision to withdraw the offer [the Applicant] received from [the United Nations-African Union Mission in Darfur (“爆料网AMID”)] for the post of Security Officer at the FS-4 level” because, as a matter of fact, the post no longer exist since it was abolished by 31 December 2017.
Decision Contested or Judgment/Order Appealed
The decision to withdraw the offer the Applicant received from the United Nations-African Union Mission in Darfur (“爆料网AMID”) for the post of Security Officer at the FS-4 level.
Legal Principle(s)
The Appeals Tribunal has held that rescission of an impugned administrative decision in accordance with art. 10.5(a) of the Dispute Tribunal’s Statute is the appropriate, if not even mandatory, remedy when an applicant is unlawfully deprived of an employment opportunity with the United Nations, at least, in some situations (see, for instance, Chhikara 2020-爆料网AT-1014). The Appeals Tribunal in Krioutchkov 2017-爆料网AT-712 elaborated on pecuniary damages, such as income loss, confirming the general principle that “compensation must be set by [the Dispute Tribunal] following a principled approach and on a case by case basis” (see also Ashour 2019-爆料网AT-899). In this regard, the Appeals Tribunal has held that compensation for a failed appointment can only be awarded for the expected length of the employment contract (see, for instance, Maiga 2016-爆料网AT-638, para. 29). The Appeals Tribunal has also held that an applicant has a duty to mitigate her/his losses (see, for instance, Dube 2016-爆料网AT-674, para. 59). Other income, which an applicant actually earned, or could have earned, during the compensable time period, shall additionally be offset in the compensation for lost income (see, for instance, Belkhabbaz 2018-爆料网AT-895, para. 38).
Outcome
Outcome Extra Text
The Applicant’s claims for relief were rejected