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UNDT/2012/067

UNDT/2012/067, Mokbel

UNAT Held or UNDT Pronouncements

.Outcome: The Respondent is to pay to the Applicant USD10,000 in compensation for emotional harm.

Decision Contested or Judgment/Order Appealed

In the Judgment on liability (UNDT/2012/061), the Respondent was found to have failed to compensate the Applicant for having incorrectly imposed disciplinary charges against him, including for bribery, and for the lengthy disciplinary process of three years.

Legal Principle(s)

Evidence of harm and not punitive / exemplary damages. Before the Tribunal awards compensation for emotional harm, there must be evidence of injury or damage. Furthermore, such compensation may not amount to an award of punitive or exemplary damages designed to punish the Organization and deter future wrongdoing. Limitations to compensation. Whilst it is the case that the manner in which the investigation and the disciplinary proceedings were conducted did cause the Applicant distress and anxiety, it is the degree to which such emotional harm could be attributed to the conduct of the Respondent that has to be considered. Calculating the sum. It is difficult to arrive at a precise sum to reflect the extent of damage suffered by a particular staff member in a given set of circumstances. This is not an issue which lends itself to scientific quantification or certainty. The Tribunal has to use its judgment to arrive at an assessment, which is fair and proper and does not diminish confidence in the ability of the system to provide, in appropriate cases, compensation that is neither paltry nor excessive. Above all, the award has to be truly compensatory. The approach that the Tribunal has adopted is to try and categorise the harm suffered by the Applicant in terms of a scale of severity. The Tribunal has first to assess whether the Applicant was minimally, moderately, or extremely distressed by the manner in which he was treated. It is only after such a finding that the Tribunal may arrive at a sensible and reasoned assessment

Outcome
Judgment entered for Applicant in full or in part

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Applicants/Appellants
Mokbel
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