51ÁÔÆæ

UNAT considered an appeal limited to the claim that UNDT ordered inadequate compensation for the losses he sustained as a result of various acts and omissions on the part of the Administration. UNAT found that UNDT took due regard for the arguments the Appellant brought in his appeal and that UNDT, having regarded the parameters of what it could compensate the Appellant for, made adequate provisions for the Appellant¡¯s economic and social losses in its overall award to him. UNAT dismissed the appeal and upheld the UNDT judgment.

UNAT considered an appeal by the Secretary-General limited to the matter of compensation. UNAT held that the appeal had to be allowed in part because UNDT erred in setting the compensation in lieu of reinstatement at two years¡¯ net base salary without considering that Mr Gakumba¡¯s previous fixed-term appointments were one year each. UNAT held that the expectancy of renewal could not be fixed beyond such a period and therefore reduced the compensation to one year¡¯s net base salary. UNAT affirmed the UNDT judgment on compensation for non-pecuniary damages and held that no error of law was...

UNAT considered an appeal by the Secretary-General. UNAT held that the payment of interest awarded by UNDT on the payment of Mr Ahmed¡¯s accrued vacation days was undue, noting that any delay in the separation formalities was entirely attributable to him and, as such, he could not be compensated for the delay in payment. On the compensation in lieu of notice, UNAT upheld the UNDT judgment and held that the matter was properly before UNDT and could not be construed as res judicata. UNAT agreed with UNDT that the Administration made a commitment to pay Mr Ahmed compensation in lieu of notice and...

UNAT considered the Secretary-General¡¯s appeal. UNAT rejected the Secretary-General¡¯s submission that UNDT erred in ¡°double-counting¡± by using the same element of Mr Andersson¡¯s high chance of promotion to justify both its award of CHF 10,000 in lieu of rescission, as well as its award of CHF 4,000 for moral damages. The claim for moral damages was related to the reparation of an injury, that could not be regarded as covered by the payment of CHF 10,000 awarded as an alternative to rescission. UNAT also rejected the Secretary-General¡¯s submission that Mr Andersson only fleetingly referred to...

UNAT considered an appeal of judgment No. UNDT/2012/131. UNAT noted that Mr McIlwraith raised claims substantially similar to, if not identical to, those raised by the other International Criminal Tribunal for the former Yugoslavia (ICTY) staff members who appealed judgment No. UNDT/2012/131, as well as the staff members who appealed judgment No. UNDT/2012/129 and judgment No. UNDT/2012/130. UNAT held that, since it had rescinded the UNDT judgment against which the staff members appealed, the majority of their claims were rendered moot. UNAT held that it's reasoning in Malmstr?m et al....

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 appeals by both Mr Goodwin and the Secretary-General limited to the issue of compensation. Noting that UNDT declined to award pecuniary damages, UNAT held (with Judge Faherty dissenting) that there was no error of law or fact on the part of UNDT such as would entitle UNAT to interfere with the findings of UNDT. UNAT was satisfied that the Appellant had been properly compensated for moral damages. UNAT held t that the substantive and procedural breaches identified by UNDT of themselves merited an award of moral damages because of the harm caused to Mr Goodwin, namely his having...

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...

UNAT considered two appeals by the Secretary-General of judgment Nos. UNDT/2012/104 and UNDT/2012/135. Noting that, where the Administration chooses not to provide a written decision, it cannot lightly argue receivability ratione temporis, UNAT affirmed the UNDT judgment on receivability. On the merits, UNAT held that the contested policy, requiring Mr Manco to renounce his permanent resident status in a country not of his nationality as a condition for becoming a staff member of the Organisation at the professional level, was not reflected in any administrative issuance and concluded that it...

UNAT considered both an appeal by Ms Tsoneva and an appeal by the Secretary-General. UNAT disagreed with the UNDT¡¯s interpretation of the prescribed procedure, leading to the discontinuation of Ms Tsoneva¡¯s position, noting that there was no requirement that the staff member¡¯s meeting with the manager must take place after the staff member had received a written notification or that the manager must consult a concerned staff member. UNAT held that the Director complied with the prescribed procedure by discussing the matter with Ms Tsoneva, informing her in writing of his intention to request...