2010-UNAT-095

2010-UNAT-095, Antaki

UNAT Held or UNDT Pronouncements

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. UNAT allowed the appeal and vacated the UNDT judgment regarding the award of compensation.

Decision Contested or Judgment Appealed

UNDT judgment: Ms Antaki requested an administrative review of the decision not to appoint her to a P-5 post and claimed that she had been improperly excluded from the promotion. UNDT found that the decision not to appoint her was valid and lawful. However, UNDT found that there was “inappropriate imprecision and confusion of the matrices” which contributed to Ms Antaki’s frustration and justified an award of compensation. UNDT awarded Ms Antaki compensation.

Legal Principle(s)

Not every violation will necessarily lead to an award of compensation. Compensation may only be awarded if it has been established that the staff member actually suffered damages.

Outcome

Appeal granted

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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

Antaki

Entity

DGACM

Case Number(s)

2010-096

Tribunal

UNAT

Registry Location :

New York