2011-UNAT-125

2011-UNAT-125, Beaudry

UNAT Held or UNDT Pronouncements

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.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to renew her appointment of limited duration and the decision not to waive the time limit to submit a rebuttal of her performance appraisal. In judgment No. UNDT/2010/039 on the merits, UNDT found in the Applicant’s favour on the question of liability. In judgment No. UNDT/2010/146 on compensation, UNDT ordered the Secretary-General to pay compensation. On appeal, UNAT vacated judgment No. UNDT/2010/039.

Legal Principle(s)

Once a first-instance judgment on the merits is 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. An appeal against a judgment on compensation is not necessary if the legal basis for the award of compensation by UNDT, or another first-instance body, no longer exists.

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

Beaudry

Entity

MINUSTAH

Case Number(s)

2010-135

Tribunal

UNAT

Registry Location :

New York