2013-UNAT-339

2013-UNAT-339, Tsoneva

UNAT Held or UNDT Pronouncements

UNAT considered both an appeal by Ms Tsoneva and an appeal by the Secretary-General. UNAT disagreed with the UNDT’s interpretation of the prescribed procedure, leading to the discontinuation of Ms Tsoneva’s position, noting that there was no requirement that the staff member’s meeting with the manager must take place after the staff member had received a written notification or that the manager must consult a concerned staff member. UNAT held that the Director complied with the prescribed procedure by discussing the matter with Ms Tsoneva, informing her in writing of his intention to request the discontinuation of her position and then submitting his request to the Budget Committee. UNAT held that the UNDT judgment constituted an error of law, and the award of moral damages had to be reversed. UNAT upheld the appeal and vacated the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision to discontinue her post. UNDT found for the Applicant, annulled the decision to discontinue the post and awarded moral damages.

Legal Principle(s)

Left deliberately blank.

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

Tsoneva

Entity

UNHCR

Case Number(s)

2012-376

Tribunal

UNAT

Registry Location :

New York