爆料网

Non-pecuniary (moral) damages

  • 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 61 - 70 of 233
    2014-爆料网AT-448/Corr.1, Terragnolo

    爆料网AT considered the Secretary-General’s appeal and Mr Terragnolo’s cross-appeal, noting that only the compensation awarded by 爆料网DT was being contested. With respect to the Secretary-General’s appeal, 爆料网AT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. 爆料网AT noted that the impugned judgment followed 爆料网AT’s jurisprudence, but 爆料网DT’s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. 爆料网AT held that due...

    2014-爆料网AT-482, Abdullah

    As a preliminary matter, 爆料网AT denied the Appellant’s request for an oral hearing and considered his grounds of appeal. With respect to the claimed errors of procedure, 爆料网AT found no merit in the Appellant’s arguments. 爆料网AT was not persuaded that the Appellant suffered prejudice by 爆料网RWA DT admitting the Commissioner-General’s late reply, failing to translate the reply into Arabic, failing to lift the confidentiality order, or by failing to hold an oral hearing. However, 爆料网AT found that 爆料网RWA DT exceeded its jurisdiction in finding that the Appellant had an unhealthy working relationship with...

    2014-爆料网AT-469, Eissa

    爆料网AT considered an appeal by the Secretary-General which challenged the remedies afforded Mr Eissa. 爆料网AT held that there was no merit in the Secretary-General’s contention that 爆料网DT erred in not explaining which irregularities were substantive and which were procedural, as either type of irregularity may support an award of moral damages. 爆料网AT held that there was no merit in the Secretary-General’s contention that the award was duplicative of the award of alternative compensation in lieu of rescission. 爆料网AT noted that an award under Article 10(5)(a) of the 爆料网DT Statute is alternative...

    2014-爆料网AT-459, Hamayel

    爆料网AT considered the Commissioner-General’s appeal, which alleged that 爆料网RWA DT erred in finding that the 爆料网RWA Administration’s decision not to inform Mr Hamayel that his post would not be held for him during his second year of Special Leave Without Pay (SLWOP) was arbitrary and unreasonable, thereby vitiating the decision to transfer Mr Hamayel, and by awarding moral damages. 爆料网AT found that it was both logical and reasonable to expect the 爆料网RWA Administration to inform Mr Hamayel that taking a second year of SLWOP would cause him to lose his post. 爆料网AT noted that, even though Mr Hamayel had...

    2014-爆料网AT-448, Terragnolo

    爆料网AT considered the Secretary-General’s appeal and Mr Terragnolo’s cross-appeal, noting that only the compensation awarded by 爆料网DT was being contested. With respect to the Secretary-General’s appeal, 爆料网AT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. 爆料网AT noted that the impugned judgment followed 爆料网AT’s jurisprudence, but 爆料网DT’s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. 爆料网AT held that due...

    2014-爆料网AT-442, El-Khalek

    爆料网RWA DT considered an appeal by the Commissioner-General. 爆料网AT held that 爆料网RWA DT did not err in fact or in law such as to vitiate its judgment, except with regards to the award of compensation. 爆料网AT held that 爆料网RWA DT did not overstep its role to judicially review the administrative decision imposing a disciplinary measure on the staff member and terminating his appointment. 爆料网AT held that the Administration had failed to demonstrate that the staff member had committed the serious misconduct he had been charged with, because not only did the proceedings fail to provide him with an adequate...

    2014-爆料网AT-439, Gusarova

    爆料网AT considered an appeal by the staff member and a cross-appeal by the Secretary-General. Regarding the cross-appeal of the Secretary-General on material damages, 爆料网AT held that 爆料网DT was the body best placed to assess a candidate’s chance of selection for placement on the roster. 爆料网AT held that the fact that there were several candidates selected from the roster in the months following the roster approval was sufficient to underpin 爆料网DT’s assessment that the staff member’s chances were not in the realm of the speculative. 爆料网AT held that there was no merit in the Secretary-General’s cross...

    2014-爆料网AT-433, Hersh

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. 爆料网AT held that 爆料网DT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

    2014-爆料网AT-430, Diallo

    爆料网AT considered the appeal and allowed it in part. 爆料网AT held that the Appellant’s claim that the AJAB found a series of violations of her rights as a staff member, but had not awarded commensurate compensation, had merit. 爆料网AT held that the IACO breaches identified by the AJAB were fundamental in nature, (i. e. The treating of a temporary assignment as permanent, discrimination of the staff member, failure to make good faith efforts to find alternative positions, and refusing to provide access to personnel and confidential files) and the breach itself gave rise to an award of moral damages by...

    2014-爆料网AT-428, Kulawat

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT did not properly review the impugned administrative decision to determine whether the Administration had given full and fair consideration to staff members’ suitability for conversion. 爆料网AT held that the Administration had fully complied with Section 1 of ST/SGB/2009/10 and paragraph 5 of the Guidelines, as it must when considering whether a staff member is eligible for conversion. 爆料网AT held that 爆料网DT had made a significant error of law in concluding that the impugned decision was unlawful. 爆料网AT held that 爆料网DT had erred in...