UNDT/2013/042

UNDT/2013/042, Guedes

UNAT Held or UNDT Pronouncements

The Tribunal has to strike a balance between the subjective and introspective feelings and perception of the aggrieved staff member with the application of reasonableness, rationality and objectivity in arriving at a fair and proper assessment of damage particularly involving the indefinable characteristics of what has been described in broad general terms as “moral damage”.The Applicant distress and anxiety as a result of feeling extremely upset and not valued by the Organization cannot justifiably be placed at the top end of the scale of severity but rather at the lower end. This is even truer considering that the Applicant, who appears to have a very good track record with the Organization, is now in the process of being considered for permanent appointment.

Decision Contested or Judgment Appealed

In Judgment UNDT/2013/031 the UNDT rescinded the decision finding that the Applicant was eligible for consideration for permanent appointment and ordered that it would hold an oral hearing to determine any consequential relief to be afforded to the Applicant in support of his claim for moral damages. The Applicant has not suffered any economic loss as a result of the impugned decision. His claim is solely for moral damages. The Respondent is ordered to pay to the Applicant the sum of USD3,000 in compensation for moral damages.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

Comp. settled following judgment on liability

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Full Judgment

Applicants/ Appellants

Guedes

Entity

UNODC

Case Number(s)

UNDT/NY/2012/086

Tribunal

UNDT

Registry Location :

New York