UNDT/2010/135, Frohler
The only issue for consideration by the Tribunal is the adequacy of compensation granted by the Secretary-General to the applicant. The applicant alleged that if the selection process had been lawful, he would have been selected to the post and that the compensation granted did not take into account the decrease in his pension benefits. In order to obtain compensation, it is not enough for an applicant to determine that a procedural irregularity was committed; he should also establish that this irregularity caused him a direct prejudice. Therefore, the applicant should demonstrate that he had serious chances to be selected to the post. In the case at hand, after a review of all applications, five candidates, including the applicant, were short-listed for an interview. After the interviews, four candidates, including the applicant, were found to meet the full requirements of the post. Since the Secretary-General had recognized that the selected candidate was unlawfully chosen, there remained only three candidates who fulfilled the requirements of the post. Therefore, the applicant had only one chance out of three to be selected to the post. In respect to the financial prejudice suffered by the applicant, this corresponds to, on the one hand, the additional salary that he would have received for one year before his retirement and on the other hand, the decrease in his pension benefits resulting from his non-selection. The Tribunal found that the compensation granted by the Secretary-General to the applicant was adequate for the prejudice he suffered. Outcome: The application is rejected.
The applicant, the Deputy Director of Services Infrastructure for Development and Trade Efficiency Division (SITE) at the D-1 level, applied for the post of Director at the D-2 level. The selection process took place and a candidate other than the applicant was selected to the post in November 2006. The applicant contested his non-selection to this post before the JAB. The majority of the panel recommended to the Secretary-General to reject the appeal while the minority of the panel found that the applicant’s candidature was not given full and fair consideration and recommended to the Secretary-General to grant him compensation for the violation of his rights. The applicant retired in September 2007. The Secretary-General decided to compensate the applicant with the amount of six months net base salary at the last grade and step of his appointment. It is against this decision that the applicant appealed before this Tribunal.
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