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The Tribunal found it most unlikely that—in the hypothesis that the Applicant’s fixed-term appointment had not already been terminated on 9 May 2018—it would have been renewed from 31 August (the expiry date of his fixed-term appointment) to 31 December 2019 (the last date before the abolition of his post). The Tribunal found that despite the Applicant’s skills and credentials, it would be most unlikely that he would have been transferred to the post of the Director of Governance Services.

The Applicant was awarded the full salary (net base salary plus post adjustment) he would have obtained...

UNAT considered the appeal by the Secretary-General on the compensation awarded. UNAT considered the cross-appeal by Ms Antaki, regarding UNDT’s finding that the decision not to appoint her was valid and lawful, in a separate judgment (judgment No. 2010-UNAT-096). UNAT held that, despite the shortcomings in the process, the decision not to appoint Ms Antaki was both valid and lawful, which should have precluded UNDT from awarding any compensation. UNAT held that UNDT erred in awarding compensation in the absence of any procedural errors in the selection process, or a breach of legal rights...

The Secretary-General claimed that UNDT had no power to award interest. UNAT found that both UNDT and UNAT have the power to award interest in the normal course of ordering compensation. The very purpose of compensation is to place the staff member in the same position he or she would have been in had the Organisation complied with its statutory obligations. In many cases, interest will be by definition part of compensation. To say that the tribunals have no jurisdiction to order the payment of interest would, in many cases, mean that the staff member could not be placed in the same position...

UNAT held that the appeal was not filed untimely and was, therefore, receivable. UNAT held that, whatever the gravity of the irregularity committed by the Administration and the number of points obtained by the Applicant in the 2007 promotion session, UNDT did not commit an error in providing that the High Commissioner could decide to pay compensation rather than execute the rescission order. UNAT held that UNDT, in setting the amount of compensation at 8,000 Swiss francs, did not make a manifest error. UNAT held, concerning the conclusion that compensation should be paid for moral damages...

UNAT preliminarily held that the Appellant had not identified any exceptional circumstances justifying the need to file observations in reply to the Secretary-General’s answer. UNAT held that the observations would not be taken into consideration. UNAT held that UNDT had correctly observed that it was not able to substitute itself for the Administration or to declare that the Appellant should have been promoted to the P-5 level. Regarding the Appellant’s contention about the quantum of compensation, UNAT held that UNDT was in the best position to decide on the level of compensation given its...

UNAT considered an appeal by the Secretary-General. UNAT held that the compensation awarded to Ms Harding for the loss of salary and other entitlements from the date of her dismissal to the date of the UNDT judgment with interest was excessive. UNAT held that it must take into account that she received compensation on or around 18 February 2008 and it could not consider the loss of earnings as actual harm after that date when the non-reinstatement was known to the claimant and the offered compensation caused by that circumstance had already been paid. UNAT held that a total of 2. 5 years’ net...

UNAT held that an irregularity in promotion procedures could only result in the rescission of the decision not to promote a staff member when he or she would have had a significant chance for promotion. UNAT held that there must be a link between the irregularity and the non-promotion decision. Thus, where the irregularity has no impact on the status of a staff member because he or she had no foreseeable chance for promotion, he or she is not entitled to rescission or compensation. UNAT upheld the appeal and vacated the UNDT judgment.

UNAT considered an appeal by the Secretary-General. UNAT held that it was not for the head of department to intervene in the evaluation process conducted by the programme manager, the Central Review Body and, where applicable, the panel. UNAT held that the head of department is not entitled to drop a candidate from the list of qualified candidates and, consequently, from the roster of candidates who have been recognised as qualified. UNAT held that the Executive Director’s actions disregarded Mr Verschur’s right to benefit from the advantage of being included on the roster for a year and she...

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 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.