2013-UNAT-288, Debebe
UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in law and exceeded its competence by awarding compensation for distress without a previous claim for damages. UNAT noted that Mr Debebe’s claim before the Joint Appeals Board (JAB) had been limited to material or pecuniary damages related solely to remuneration. UNAT held that UNDT did not have jurisdiction to award compensation for moral damage. UNAT allowed the appeal and vacated the UNDT judgment to the extent that it awarded compensation for moral damages.
The Applicant contested the decision not to promote him. UNDT rejected the Applicant’s request for promotion but awarded four months’ net base salary for distress.
A court may not award compensation for distress without a party having first requested it.