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UNDT/2011/017, Harding

UNAT Held or UNDT Pronouncements

The Respondent having conceded that his summary dismissal of the Applicant was a flawed decision, the only issue before the Tribunal was the matter of compensation and other entitlements due to the Applicant. The payment of a sum equivalent to two years net base salary to the Applicant in the circumstances was sufficient compensation for non-reinstatement. The Tribunal rejected the relief sought for an international posting in lieu of reinstatement or the payment of the equivalent of twenty-one years salary. The payment of a sum equivalent to six months salary to the Applicant was sufficient compensation for a breach of her due process rights. The SPA to which the Applicant was entitled on account of her four-month mission to Liberia from 1 December 2004 - 31 March 2005 would be paid to her with interest at the US Prime Rate applicable on the date the judgment was rendered orally on 1 December 2010. The Respondent was additionally ordered to pay the equivalent of six months’ salary to the Applicant as compensation for emotional distress, shame and humiliation, which it was found, she suffered as a result of her wrongful summary dismissal on the erroneous ground of fraudulent medical claims.

Decision Contested or Judgment Appealed

The Applicant contested the decision to summarily dismiss her from service.

Legal Principle(s)

N/A

Outcome
Judgment entered for Applicant in full or in part
Outcome Extra Text

The Applicant's summary dismissal having been rescinded, nullified and set aside, the Tribunal found that the Applicant was deemed to still be in the employment of the Respondent up until 1 December 2010 on which date the judgment was orally delivered.

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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.

Applicants/ Appellants
Harding
Entity
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type