2011-UNAT-109 | SYSTEM OF ADMINISTRATION OF JUSTICE

2011-UNAT-109, Hastings

UNAT Held or UNDT Pronouncements

UNAT found that there was no evidence of damages or injuries in this case. UNAT reaffirmed the principle that an award for moral damages must be supported by specific evidence.

Decision Contested or Judgment Appealed

The staff member contested the decision not to grant her an exception to Section 5.2 of ST/ AI/2006/3 (which provides that staff members shall not be eligible to be considered for promotion to posts more than one level higher than their personal grade). UNDT found that it was more likely than not that the staff member’s case for an exception had not been properly considered and accordingly the decision to reject her application on the basis that no exceptions were possible was not lawful. In its judgment on Remedies, UNDT awarded moral damages, finding that the staff member “must have suffered some distress at the unlawful decision”.

Legal Principle(s)

Moral damages may not be awarded without specific evidence supporting the award.

Outcome

Appeal granted in part

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

Full Judgment

Applicants/ Appellants

Hastings

Entity

ACABQ

Case Number(s)

2010-104

Tribunal

UNAT

Registry Location :

New York