UNDT/2014/136 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2014/136, Gebremariam

UNAT Held or UNDT Pronouncements

Moral Damages – The need for compensation must be demonstrated by evidence of damages or injuries. The grounds that support an award for moral damages include delay, frustration, distress and anxiety. Damages for moral injury may arise from a breach of the staff member’s substantive entitlements arising from his or her contract of employment and/or from a breach of the procedural due process entitlements therein guaranteed or where there is evidence produced of harm, stress or anxiety caused to the staff member which can be directly linked or reasonably attributed to a breach of his or her substantive or procedural rights.

Decision Contested or Judgment Appealed

In an Application to the Tribunal dated 18 April 2013, the Applicant contested a decision taken by Hazel Scott, Director, Division of Administrative Services, ECA, to issue him with a written reprimand on 6 February 2013 because he had failed to attend a meeting in relation to his formal challenge of an administrative decision. The Tribunal finds that, in the present case, other than to state that he has suffered moral and reputational damage, the Applicant has failed to adduce any evidence to demonstrate any harm he has suffered which can be directly linked to the rescinded reprimand.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

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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

Gebremariam

Entity

ECA

Case Number(s)

UNDT/NBI/2013/16

Tribunal

UNDT

Registry Location :

Nairobi