2015-UNAT-605 | SYSTEM OF ADMINISTRATION OF JUSTICE

2015-UNAT-605, Hosang

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General. On the award of costs, UNAT held that the calling of a witness in good faith and with the reasonable aim to bolster the views of the Administration did not constitute an abuse of process warranting the award of legal costs and granted the appeal on that point. UNAT dismissed the Secretary-General’s appeal of the award of prospective compensation of the monetary equivalent of the Special Post Allowance for an uncertain duration. UNAT found no merit in the Secretary-General’s appeal against the award of compensation for loss of opportunity. UNAT granted the appeal of the Secretary-General in part, vacated the award of costs for USD 3,000 and USD 1,000 for abuse of process, and affirmed the remainder of the UNDT judgment.

Decision Contested or Judgment Appealed

Mr Hosang contested the decision not to grant him retroactive Special Post Allowance for the full period that he had been performing duties that had been graded at a higher level. UNAT found for Mr Hosang and awarded compensation and costs against the Secretary-General.

Legal Principle(s)

The basic principle applicable in international courts on the question of costs is that each party shall bear its own costs. UNDT’s power to award costs is restricted to cases in which it determines that a party has manifestly abused the proceedings before it.

Outcome

Appeal granted in part

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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

Hosang

Entity

DPKO

Case Number(s)

2015-704

Tribunal

UNAT

Registry Location :

New York