2012-UNAT-219

2012-UNAT-219, Sprauten

UNAT Held or UNDT Pronouncements

UNAT considered the Secretary-General’s appeal regarding the compensation award of six months’ net base salary for the irregularities in the selection process. UNAT noted that the present case substantially differed from Kasyanov (2010-UNAT-076), which the Secretary-General relied upon; had Mr Kasyanov been selected, it would have been a mere lateral move for him without any change in salary and status. Contrastingly, Mr Sprauten’s selection would have been a move from a temporary appointment to a fixed-term appointment. UNAT rejected the Secretary-General’s contention that UNDT erred in law and exceeded its competence by failing to sufficiently state the reasons underlying its award of six months’ net base salary. Recalling its holding in Lutta (2011-UNAT-117), where it affirmed that there is no set way for a trial court to set damages for loss of chance of promotion and that each case must turn on its facts, UNAT found that UNDT had correctly followed this jurisprudence. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

Mr Sprauten contested his non-selection for a post, claiming the process had been tainted with irregularities. UNDT found that the selection process was flawed, resulting in a breach of Mr Sprauten’s candidacy being adequately and properly considered. UNDT awarded Mr Sprauten compensation in the amount of nine months’ net base salary: six months’ net base salary as non-pecuniary compensation for the substantial and unwarranted irregularities in the selection process and three months’ net base salary as compensation for the stress that he had experienced related to his loss of chance/opportunity.

Legal Principle(s)

There is no set way for a trial court to set damages for loss of chance of promotion; each case must turn on its facts.

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

Sprauten

Entity

UNOPS

Case Number(s)

2011-231

Tribunal

UNAT

Registry Location :

New York