2015-UNAT-553, Dia
Noting that that the crux of the Appellant’s appeal was that UNDT erred in failing to award him moral damages by reason of the violation of his right to a fair recruitment process and a missed opportunity, UNAT held there was merit to the appeal. UNAT held that there was no evidence that the Appellant’s claim for moral damages was properly considered by UNDT. UNAT held that on the totality of the evidence, the Appellant had a claim for moral damages. UNAT upheld UNDT’s finding that the recruitment process was flawed in that it was affected by the perception of bias. UNAT granted the appeal in part, upheld the UNDT judgment and ordered the payment of moral damages in the sum of two months’ net base salary.
The Applicant contested the decision to separate him from service following the abolition of his post and the decision not to select him for a post. UNDT found partly in favour of the Applicant. UNDT rejected the Applicant’s claim concerning the abolition of his post and ensuing separation from service, finding it to be time-barred. UNDT found the selection process was marred by the perception of bias and awarded compensation.
Damages for a moral injury may arise from a breach of the employee’s substantive entitlements arising from his or her contract of employment and/or from a breach of the procedural due process entitlements therein guaranteed.