2010-UNAT-076

2010-UNAT-076, Kasyanov

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General limited to the question of compensation. On the issue of the Secretary-General’s appeal being time-barred, as raised by Mr. Kasyanov, UNAT held that UNDT’s judgment on merits for the case was not a final judgment; while it made substantive findings, it left the issue of remedy to be resolved in the future. UNAT held that the UNDT judgment on merits only became final when UNDT issued the judgment on compensation. UNAT held that, when the judgment on merits was appealed, a party could challenge the judgment on compensation and the judgment on the merits. UNAT held that the same quantum of compensation should be awarded as in Wu (2010-UNAT-042). UNAT granted the appeal in part and modified the UNDT judgment by reducing the compensation awarded by UNDT to the equivalent of two months’ net base salary as compensation for the violation of Mr. Kasyanov’s rights during the selection process.

Decision Contested or Judgment Appealed

Mr. Kasyanov contested his denial of a lateral transfer as a 15-day candidate. UNDT found in his favour, awarding compensation.

Legal Principle(s)

A UNDT judgment on the merits which does not conclude on issues of compensation only becomes final, for the purposes of appeal, upon issuance of a judgment on compensation.

Outcome

Appeal granted in part

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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

Kasyanov

Entity

DGACM

Case Number(s)

2010-072

Tribunal

UNAT

Registry Location :

New York