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UNDT/2020/166

UNAT Held or UNDT Pronouncements

It would make no logical sense to rescind the “the decision to withdraw the offer [the Applicant] received from [the United Nations-African Union Mission in Darfur (“UNAMID”)] for the post of Security Officer at the FS-4 level” because, as a matter of fact, the post no longer exist since it was abolished by 31 December 2017.

Decision Contested or Judgment/Order Appealed

The decision to withdraw the offer the Applicant received from the United Nations-African Union Mission in Darfur (“UNAMID”) for the post of Security Officer at the FS-4 level.

Legal Principle(s)

The Appeals Tribunal has held that rescission of an impugned administrative decision in accordance with art. 10.5(a) of the Dispute Tribunal’s Statute is the appropriate, if not even mandatory, remedy when an applicant is unlawfully deprived of an employment opportunity with the United Nations, at least, in some situations (see, for instance, Chhikara 2020-UNAT-1014). The Appeals Tribunal in Krioutchkov 2017-UNAT-712 elaborated on pecuniary damages, such as income loss, confirming the general principle that “compensation must be set by [the Dispute Tribunal] following a principled approach and on a case by case basis” (see also Ashour 2019-UNAT-899). In this regard, the Appeals Tribunal has held that compensation for a failed appointment can only be awarded for the expected length of the employment contract (see, for instance, Maiga 2016-UNAT-638, para. 29). The Appeals Tribunal has also held that an applicant has a duty to mitigate her/his losses (see, for instance, Dube 2016-UNAT-674, para. 59). Other income, which an applicant actually earned, or could have earned, during the compensable time period, shall additionally be offset in the compensation for lost income (see, for instance, Belkhabbaz 2018-UNAT-895, para. 38).

Outcome

Dismissed on merits

Outcome Extra Text

The Applicant’s claims for relief were rejected

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants
Abu Al Asal
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