2011-UNAT-117

2011-UNAT-117, Lutta

UNAT Held or UNDT Pronouncements

The Appellant appealed the amount of compensation awarded for loss of chance. UNAT noted that there was no set way for the trial court to set damages for loss of chance of promotion and that each case turned on its facts. UNAT noted that it would generally defer to the trial court’s discretion. UNAT did not accept the Appellant’s argument that the trial court was required to assess the percentage chances that he would have been selected: UNAT held that while it had approved that procedure as one method of assessing damages, it respected the opinion of the trial judge as to how to determine damages in each particular case. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to bring disciplinary charges against him. UNDT awarded: three months’ net base salary as compensation for the loss of a chance of being considered for two posts, as he had been barred from applying for them as a result of the ongoing disciplinary proceedings; compensation for additional transportation costs; and six months’ net base salary as moral compensation.

Legal Principle(s)

There is no set way for the trial court to set damages for loss of chance of promotion; each case must turn on its facts.

Outcome

Appeal dismissed on merits

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