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UNAT considered the Secretary-General’s appeal and Mr Terragnolo’s cross-appeal, noting that only the compensation awarded by UNDT was being contested. With respect to the Secretary-General’s appeal, UNAT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. UNAT noted that the impugned judgment followed UNAT’s jurisprudence, but UNDT’s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. UNAT held that due...

Noting that it had received a Motion to Withdraw, UNAT granted the motion. UNAT held that, the appeal having been withdrawn, the UNDT judgment remained in force.

UNAT considered an appeal by the Secretary-General limited to contesting the award by UNDT of three months’ net base salary as compensation for damage to Ms Haroun’s career prospects. UNAT held that UNDT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun’s separation from service. UNAT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances...

With respect to the Appellant’s first claim, UNAT agreed with UNDT’s decision and noted that it is well-settled jurisprudence that an international Organisation necessarily has the power to restructure some or all of its departments or units, including the abolition of posts, the creation of new posts and the redeployment of staff. To that end, UNAT will not interfere with a genuine Organisational restructuring even though it may have resulted in the loss of employment of staff. UNAT agreed with UNDT in that the decision to abolish Appellant’s post was not receivable ratione materiae. UNAT...

The Applicant did not contest the proportionality of the sanction imposed. As a result of his impending retirement, the Applicant filed a motion requesting to withdraw his application under the understanding that he would not be able to re-litigate the present matter in the future. In light of the Applicant's withdrawal of his application the case is closed.

As the Applicant withdrew claim, there is no longer a matter for judicial consideration and determination and therefore the case is closed.

Since the Applicant withdrew all allegations and claims in finality, including on the merits with no right of reinstatement, there is no longer a matter for adjudication and therefore the case is closed.

As the Applicant withdrew all allegations and claims, there is no longer a matter for adjudication and the case is closed.