2014-UNAT-479

2014-UNAT-479, Gehr

UNAT Held or UNDT Pronouncements

UNAT considered the Secretary-General’s appeal, specifically as to whether Mr Gehr was prejudiced or discommoded by the fact that his rebuttal was conducted by the rebuttal panel established in 2011. UNAT did not find that Mr Gehr’s obligation to engage with a panel established pursuant to ST/AI/2010/5 was, in and of itself, sufficient to merit an award of compensation, in the absence of specific harm or prejudice arising therefrom. UNAT held that the breach was not of sufficient seriousness to merit a compensatory award. UNAT allowed the appeal and vacated the UNDT judgment in its entirety.

Decision Contested or Judgment Appealed

Mr Gehr contested the decision to finalise his performance appraisal two years after the end of the relevant cycle. He also contested the decision to have the rebuttal of his 2009-2010 performance appraisal report conducted by rebuttal panel members from a list that had not been established in accordance with sec. 14. 1 of ST/AI/2002/3. UNDT upheld the application, awarded compensation for the breach of procedural rights and the inordinate delay in issuing the performance appraisal and the rebuttal report and ordered its judgment be placed in Mr Gehr’s Official Status File.

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

Gehr

Entity

UNODC

Case Number(s)

2014-553

Tribunal

UNAT

Registry Location :

New York