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UNAT held that UNDT properly determined that the issue before it was the failure of the Administration to address the Appellant’s formal complaint. UNAT held that there was no error of law or failure to exercise jurisdiction on the part of UNDT with regard to the Appellant’s request for an investigation. UNAT held that it was satisfied that the award by UNDT of USD 40,000 constituted sufficient satisfaction for the Appellant. UNAT held that UNDT correctly refused to entertain the request for compensation for economic loss because the Appellant’s separation from service was not the subject of...

UNAT held that UNDT did not err in law or in fact in its assessment that the issue before it was the amount of compensation. UNAT held that UNDT’s approach in considering the Appellant’s prospects of success was entirely reasonable in the particular circumstances of the case. UNAT held that it was not the function of UNDT or UNAT to take on the substantive role with which the interview panel was charged and to find that the Appellant was the only qualified candidate. UNAT recalled that the jurisdiction vested in UNDT is to review alleged procedural deficiencies and to rectify any which are...

UNAT recalled that Article 10. 5 of the UNDT Statute limits the total compensation awarded under subparagraphs (a) or (b), or both, to an amount that shall normally not exceed two years’ net base salary of the applicant, unless the Tribunal orders the payment of higher compensation and gives the reasons for that decision. In cases where UNDT rescinds an illegal decision to dismiss a staff member, the Administration must both reinstate the staff member and pay compensation for loss of salaries and entitlements. If the Administration elects to pay compensation in lieu of the performance of a...

UNAT considered the Secretary-General’s appeal. UNAT held that, in the present case, UNDT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years’ net base salary. UNAT held that the award of full salary payable between separation and the date of the UNDT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. UNAT held that it would be adequate, fair, and reasonable to award compensation in lieu of reinstatement in an amount equal to...

UNAT considered an appeal by the Secretary-General limited to the amount of compensation. UNAT held that, in the present case, UNDT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years’ net base salary. UNAT held that the award of full salary payable between separation and the date of the UNDT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. UNAT held that it would be adequate, fair, and reasonable to award compensation in...

UNAT held that UNDT did have a legal basis to define the administrative procedure and decisions subject to review. UNAT held that UNDT had not erred in considering that the Applicant was contesting not only the decision not to submit her classification appeal to the Classification Appeals Committee but also the final non-classification of her post to the P-4 level. UNAT held that UNDT did not err in assessing the chances of the post being classified at the P-4 level or higher as requested by the Appellant. UNAT held that UNDT had correctly concluded that the staff member was unlawfully...

UNAT considered the Secretary-General’s appeal. UNAT noted that UNDT did not find that the Applicant was distressed by UNHCR’s illegal conduct or that he had suffered any adverse consequences or harm from UNHCR’s procedural error in following the opinion of DSS. UNAT held that UNDT had exceeded its competence and made an error in law in awarding compensation to the staff member since he had not suffered pecuniary loss or distress and was not harmed by the illegal conduct. UNAT upheld the appeal and reversed the UNDT judgment regarding the award of damages to the staff member.

UNAT held that UNDT’s approach, in determining the amount of compensation to be awarded to the Appellant, was reasonable. UNAT relied on its holding in Hastings (2011-UNAT-109), where it held that the trial court is in a much better position than UNAT in assessing the probabilities of a candidate being selected for a position. UNAT also found that UNDT correctly concluded that the Appellant should not be awarded any additional compensation beyond the amount already paid to her. UNAT further dismissed the Appellant’s request to award costs against the Secretary-General, noting that there were...

UNAT considered an appeal by Mr Appleton and a cross-appeal by the Secretary-General. UNAT held by majority that UNDT did not make an error of law or fact resulting in a manifestly unreasonable decision when it declined to award compensatory damages to Mr Appleton. UNAT held that it was entirely appropriate for UNDT to approach the issue of compensation under Article 10(5) of the UNDT Statute by engaging in a consideration of Mr Appleton’s likely prospects of success. UNAT held that UNDT correctly found that Mr Appleton’s appointment to the post was not a foregone conclusion and thus he had no...

UNAT considered an appeal by the Secretary-General and an appeal Ademagic et al. UNAT held that judgment No. 2013-UNAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: UNAT held that UNDT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the UNDT decision on that basis and upheld the Secretary-General’s appeal on that issue; UNAT held that each candidate for permanent appointment...