2010-UNAT-070

2010-UNAT-070, Andrysek

UNAT Held or UNDT Pronouncements

UNAT considered an appeal that centred on whether the Appellant should be awarded enhanced compensation of three months’ net base salary. UNAT held that UNDT did not make a reversible error in declining to award compensation for moral suffering. UNAT held that the case was distinguishable from Mebtouche (UNDT/2009/039), where the Applicant, Mr Mebtouche, had already retired and had no chance of being promoted, therefore enhanced compensation was justified. UNAT held that enhanced compensation could not be awarded to the Appellant. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to promote him. UNDT found for the Applicant, ordering rescission of the decision and compensation.

Legal Principle(s)

A staff member has the right to full and fair consideration for promotion, not to a promotion.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Andrysek

Entity

UNHCR

Case Number(s)

2010-057

Tribunal

UNAT

Registry Location :

New York