������ҹ������

Rescission and in lieu compensation under art. 10.5(a) of the Dispute Tribunal’s Statute

Considering that the evidence provided by the Respondent showed that the duration of most of the former renewals of the Applicant’s fixed-term appointment including the last regular renewal was for a duration of one year and that there is no expectation of renewal for a fixed-term appointment, the Tribunal determined that the amount of in lieu compensation must be equal to one year’s net base salary.

Compensation for harm under art. 10.5(b) of the Dispute Tribunal’s Statute

The Tribunal reviewed the...

None of the documents submitted by the REspondent had the official or authoritative character of a budgetary and/or financial record to demonstrate how the Applicant’s post was established and funded and—by a subsequent exclusion—also showed that the post had been abolished (see, similarly, the Dispute Tribunal’s non-appealed judgment in Quatrini UNDT/2020/043). Also, nowhere in any of the documentation is it implied that the mandate of UN Women’s office had changed in a way that would disallow the employment of a driver at 3 level of the General Service staff category (“G-3”). The Respondent...