2012-UNAT-224

2012-UNAT-224, Zhouk

UNAT Held or UNDT Pronouncements

UNAT held that the Appellant simply stated that he suffered harm following the decision not to reclassify his post but did not provide any evidence of harm to his career or morale. UNAT held that compensation may only be awarded if it has been established that the staff member actually suffered damages. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the refusal to reclassify his post, on the basis that his responsibilities changed significantly over the years. UNDT found that the decision breached the Applicant’s procedural rights, but that an order of compensation was not warranted as he failed to provide evidence of any harm suffered.

Legal Principle(s)

Not every violation will necessarily lead to an award of compensation. Compensation may only be awarded if it has been established that the staff member actually suffered damages. UNAT will not approve the award of compensation when absolutely no harm has been suffered. Moral damages may not be awarded without specific evidence supporting the award.

Outcome

Appeal dismissed on merits

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Full Judgment

Applicants/ Appellants

Zhouk

Entity

OPPBA

Case Number(s)

2011-238

Tribunal

UNAT

Registry Location :

New York