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The only issue on appeal is whether the UNDT judgment’s orders on in-lieu compensation and compensation for moral harm are free of error.  In the present case, the UNDT took into account the specific circumstances of the case, in particular the seniority of Mr. Yavuz, the type of appointment held, and the chance of renewal of the appointment in a position still required by the Administration and set an in-lieu compensation of three months. Mr. Yavuz complains that the UNDT should also have considered the nature of the irregularity and the seriousness of the breaches of his rights and the...

The UNDT found the non-renewal decision unlawful because the Secretary-General did not show that it was motivated by a lack of funds. Although the UNDT committed several errors of law, its main finding is not put into doubt by the Secretary-General’s appeal. Therefore, in this respect, the Secretary-General’s appeal cannot succeed. UNDT's finding that UN-Habitat silently accepted Mr. El-Awar's condition of reassignment is erroneous. A reassignment is an administrative decision, a unilateral act imposed on the staff member by the Administration. It is not a contract which can be bargained or...

UNAT preliminarily rejected the Appellant’s request for an oral hearing via teleconference, noting that his brief of appeal was sufficient and did not require further clarification. UNAT held that the Appellant’s contention that UNDT failed to consider his arguments regarding the former service on a “specialist” post was without merit, noting that this issue was considered by UNDT. UNAT noted that neither UNDT nor UNAT has the authority to amend any regulation or rule of the Organisation, so as to apply the “case by case” consideration to “specialist” staff members during promotion sessions to...

UNAT preliminarily held that the appeal was receivable, as it was filed within the time granted for re-filing. With regards to the issue of the Appellant’s termination, UNAT held that the UNRWA JAB’s decision was legal, rational, and procedurally proper. UNAT held that it was an exceptional case where the doctrine of proportionality should be invoked. UNAT held that the decision to terminate the Appellant’s services was disproportionate, more drastic than necessary. UNAT noted that the changes in the records that were made by the Appellant showed that she had originally not reflected that the...

UNAT considered the Appellant’s appeal and found that UNDT erred when it decided to give UNHCR the option to either pay compensation in lieu of reinstating the Appellant or quash the contested administrative decision. UNAT noted that Article 10. 5(a) of the UNDT Statute was not applicable as the Appellant was serving under an indefinite appointment governed by Rule 104. 12(c) of the Staff Rules (100 Series). UNAT expressed that the contested administrative decision did not concern his appointment, promotion, or termination but his placement between assignments. For this reason, Article 10.5(a)...

UNAT held that the Appellant failed to establish that the UNDP decision to contact the Pakistani Government directly to enquire about its deputation policy was improperly motivated. With regard to the new communication upon which the Appellant wished to rely, UNAT held that it was new evidence, for which leave was required, in order to adduce it before UNAT. UNAT did not find any exceptional circumstances existed to require it to consider the new evidence. UNAT held that UNDT did not err in taking into consideration the conditions governing the Appellant’s deputation in order to determine his...

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 considered an appeal against judgment No. UNDT/2010/146 on compensation by the Secretary-General. UNAT held that once a judgment on the merits has been vacated and no liability on the part of the Administration has been established, a judgment on compensation cannot stand if it would be contrary to the final decision on the merits of the case. UNAT held that an appeal against the judgment on compensation was not necessary if the legal basis for the award of compensation by UNDT no longer existed. UNAT dismissed the appeal (as unnecessary) and vacated the UNDT judgment.

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 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...