51ÁÔÆæ

The Appellant appealed the amount of compensation awarded for loss of chance. UNAT noted that there was no set way for the trial court to set damages for loss of chance of promotion and that each case turned on its facts. UNAT noted that it would generally defer to the trial court¡¯s discretion. UNAT did not accept the Appellant¡¯s argument that the trial court was required to assess the percentage chances that he would have been selected: UNAT held that while it had approved that procedure as one method of assessing damages, it respected the opinion of the trial judge as to how to determine...

UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr Bertucci. Recalling that compensation in the absence of actual injury is without legal basis, UNAT held that UNDT erred in law. However, acceding in part to the cross-appeal by Mr Bertucci, UNAT held that when the disciplinary procedure does not bear out allegations against a staff member that may have been considered during a preliminary investigation, entitlements that may have been lawfully withheld pursuant to administrative instruction ST/AI/2004/3 must be paid in full, including interest. UNAT held that the award...

UNAT found that there was no evidence of damages or injuries in this case. UNAT reaffirmed the principle that an award for moral damages must be supported by specific evidence.

UNAT considered an appeal by the Secretary-General and a cross-appeal by Ms Chen. UNAT held that the principle that everyone, without any discrimination, has the right to equal pay for equal work (Article 23(2) of the Universal Declaration of Human Rights) applies to UN staff. UNAT held that budgetary considerations could not trump the requirement of equal treatment. UNAT declined to grant the relief sought by Ms Chen in her cross-appeal on the basis that UNDT awarded damages from the correct date. UNAT held that the Administration¡¯s allegation that UNDT usurped the Secretary-General¡¯s...

Ms. Azzouni filed an application for revision of judgment No. 2020-UNAT-081 for clarification of the date upon which the two years¡¯ net base salary was to be calculated and requested that it be set as of the date of the judgment, or, alternatively, that an interest rate be applied to the compensation awarded from the date of separation to that of the judgment. UNAT held that it would treat the application as an application for interpretation under Article 11(3) of the UNAT Statute. On the basis that the purpose of compensation is to place a staff member in the same position he or she would...

UNAT considered an application for interpretation of judgment No. 2010-UNAT-076 by Mr Kasyanov in which he requested clarification as to whether the compensation awarded by UNAT was to be determined as of the date the breach occurred or as of the date the judgment was issued. UNAT accepted the application and held that the compensation was to be calculated as of the date of the UNAT judgment.

UNAT considered an appeal of judgment No. UNDT/2010/061 on compensation. UNAT held that, as it had previously overturned the judgment on the merits (which found in favour of Mr Sanwidi), the foundation for an award of compensation no longer existed and the appeal was moot. UNAT held that the judgment on compensation was automatically vacated when it overturned the judgment on the merits. UNAT dismissed the appeal and vacated the UNDT judgment.

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had erred on a question of fact by finding that the three-year ban on promotion ¡°influenced¡± the Applicant¡¯s decision to resign. UNAT noted that, three months after the Applicant¡¯s resignation, the Administration revoked the third part of the sanction, the three-year ban on promotion, acting in line with UNAT¡¯s jurisprudence concerning the illegality of that measure because it was not provided for in the former Staff Rules applicable at the time. UNAT held that the modification of the imposed measures did not entail a...

UNAT considered the appeals by the Secretary-General and by Mr Abubakr. Regarding the Secretary-General¡¯s appeal, UNAT agreed with UNDT that the Administration had failed to address Mr Abubakr¡¯s complaint of harassment and discrimination with the required due diligence. UNAT held that UNDT had not erred in law and fact in choosing not to recognize, in any way meaningful, the majority of the actions relied on by the Secretary-General to address Mr Abubakr¡¯s complaints. UNAT held that, by virtue of the ¡°dysfunctional¡± work of the Panel on Discrimination and Other Grievances (PDOG), Mr Abubakr...

UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr Marshall. Regarding the Secretary-General¡¯s appeal, UNAT held that any reasonable or logical reading of Staff Regulation 1. 2 mandated the Organisation to investigate when the Complainant, in her letter of 15 August 2005, called Mr Marshall¡¯s conduct into question. UNAT held that UNDT had erred in law and fact in determining otherwise. UNAT held that there was no basis in law or fact for the pronouncements made by UNDT in paragraphs 112-113 of its judgment. UNAT held that UNDT had applied an unduly restrictive...