Ãå±±½ûµØ

2011-UNAT-181

2011-UNAT-181, Alauddin

UNAT Held or UNDT Pronouncements

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 probable period of appointment with UNDP. UNAT held that UNDT correctly determined that it would not be appropriate to order the Appellant’s reinstatement. UNAT held that UNDT correctly assessed the compensation for pecuniary damages and declined to enhance the compensation. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to renew his contract. UNDT found that the Secretary-General was in breach of his contractual obligations towards the Applicant (judgment No. UNDT/2010/114) and awarded compensation (judgment No. UNDT/2010/200).

Legal Principle(s)

Exceptional circumstances are required for UNAT to consider additional evidence that was not previously before UNDT.

Outcome
Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Applicants/ Appellants
Alauddin
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type
Applicable Law