爆料网

Loss of chance

  • Aggravating/mitigating factors
  • Burden of proof
  • Duty of mitigation
  • Evidence of harm
  • Exemplary/punitive damages (prohibition against award of)
  • In-lieu compensation
  • Loss of chance
  • Maximum amount / exceptional circumstances
  • Non-pecuniary (moral) damages
  • Pecuniary (material) damages
    • Showing 1 - 10 of 60
    2025-爆料网AT-1523, Madhumita Hosali

    The 爆料网AT expressed serious concern about the lack of a sufficient record of reasons supporting the choice of the selected candidate over the staff member at the time of the contested decision.

    The 爆料网AT found that gender and geographical considerations were unevenly applied in the selection exercise, positively assessing the British male while ignoring or discounting that the staff member was an Indian female. Contrary to Staff Regulation 4.4, in which the fullest regard should be given to internal candidates, the 爆料网AT found that her 爆料网 experience was used to disadvantage her. The 爆料网AT also...

    2022-爆料网AT-1304, James Songa Kilauri

    爆料网AT noted that the only issue on appeal was the issue of appropriate compensation for the unlawful contested decision. 爆料网AT found that the 爆料网DT appropriately found that the requested compensation in the amount of two years’ net base salary was unwarranted as it would exceed the emoluments to which he would have been entitled absent the unlawful termination. 爆料网AT found no merit in Mr. Kilauri’s contention that the 爆料网DT failed to consider the nature and level of the post he formerly occupied and the chances of renewal beyond the expiry of his fixed-term contract but for his unlawful...

    2010-爆料网AT-021, Asaad

    In reviewing the Appellant’s appeal, 爆料网AT found that the decision to terminate the Appellant’s position was based on generalized reasons, as opposed to specific facts, and found no real justification for the decision. 爆料网AT held that this was inconsistent with the jurisprudence of the former Administrative Tribunal, which provides that an Administration must act in good faith and not make decisions based on erroneous, fallacious, or improper motivation. 爆料网AT noted that when an administrative decision concerns termination, it shall set an amount of compensation that the respondent may elect to...

    2010-爆料网AT-009, James

    爆料网AT considered Mr James’ appeal and the Secretary-General’s cross-appeal. 爆料网AT affirmed 爆料网DT’s finding that Mr James was not eligible for the P-3 position both because he did not take the required examination and because of the lack of required qualifications. 爆料网AT accordingly dismissed Mr James’ appeal that 爆料网DT erred in not awarding him compensation for loss of opportunity. 爆料网AT allowed the cross-appeal and set aside the order for compensation for distress. 爆料网AT noted that the compensation was not requested, there was no evidence of damage or injuries, and Mr James acknowledged on appeal...

    2011-爆料网AT-175, Dualeh

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that Mr Dualeh was not promoted as a result of the fact that the other candidates had scored higher than he had and he would not have been promoted even if the other candidates had not been promoted. 爆料网AT held that the procedural irregularity had no impact on his non-promotion. 爆料网AT held that the direct effect of an irregularity will only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance of promotion. 爆料网AT held that 爆料网DT should neither have rescinded the...

    2011-爆料网AT-174, Bofill

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that Ms Bofill was not promoted as a result of the fact that the other candidates had scored higher than she had and she would not have been promoted even if the other candidates had not been promoted. 爆料网AT held that the procedural irregularity had no impact on her non-promotion. 爆料网AT held that the direct effect of an irregularity will only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance of promotion. 爆料网AT held that 爆料网DT should neither have rescinded the...

    2011-爆料网AT-141, Frohler

    爆料网AT held that 爆料网DT did not err in law or in fact in its assessment that the issue before it was the amount of compensation. 爆料网AT held that 爆料网DT’s approach in considering the Appellant’s prospects of success was entirely reasonable in the particular circumstances of the case. 爆料网AT held that it was not the function of 爆料网DT or 爆料网AT to take on the substantive role with which the interview panel was charged and to find that the Appellant was the only qualified candidate. 爆料网AT recalled that the jurisdiction vested in 爆料网DT is to review alleged procedural deficiencies and to rectify any which are...

    2011-爆料网AT-123, Messinger

    爆料网AT held that 爆料网DT correctly found that it did not have jurisdiction to conduct a de novo investigation of the Appellant’s formal complaint of harassment; rather its task was to determine if there was a proper investigation into the allegations. 爆料网AT held that 爆料网DT awarded adequate compensation to the Appellant for the infringement of his rights with regard to the harassment complaint. 爆料网AT held that 爆料网DT did not make any errors of procedure in deciding upon the weight to be given to written statements tendered by the Appellant. 爆料网AT held that it was not persuaded that 爆料网DT made any errors of...

    2011-爆料网AT-117, Lutta

    The Appellant appealed the amount of compensation awarded for loss of chance. 爆料网AT noted that there was no set way for the trial court to set damages for loss of chance of promotion and that each case turned on its facts. 爆料网AT noted that it would generally defer to the trial court’s discretion. 爆料网AT did not accept the Appellant’s argument that the trial court was required to assess the percentage chances that he would have been selected: 爆料网AT held that while it had approved that procedure as one method of assessing damages, it respected the opinion of the trial judge as to how to determine...