UNDT/2011/068

UNDT/2011/068, Garcia

UNAT Held or UNDT Pronouncements

Submissions on new issues after the trial, re-opening of litigation: Parties will not be permitted to re-open substantive litigation after the Tribunal has already rendered its judgment on liability and is dealing solely with the issue of compensation.The Tribunal will take into account the staff member’s earnings during the relevant period of time for the purpose of calculating compensation.Interest for lost salary: Lost salary should be subject to interest on the basis that it would have been paid in separate monthly installments, with interest on each installment calculated in accordance with Warren 2010-UNAT-059, from the date it became due.Outcome: The following relief was ordered: (i) USD89,128.48 with retroactive interest (compensation for the lost salary and entitlements), (ii) USD241 with retroactive interest (compensation for the medical examination), (iii) USD50,000 (compensation for non-pecuniary loss, including harm to emotional well-being, consequential deterioration of health, and harm to reputation), (iv) any adverse material pertaining to the reasons for and the circumstances of the unlawful decision not to effectuate the Applicant’s employment on 1 October 2007 shall be removed from his personnel file.

Decision Contested or Judgment Appealed

This Judgment follows Garcia UNDT/2010/191, in which the Tribunal found that the United Nations Development Programme breached its contract with the Applicant by failing to execute their employment relationship.

Legal Principle(s)

Purpose of compensation: The purpose of compensation is to place the staff member in the same position he or she would have been in had the Organisation complied with its contractual obligations.Compensation and mitigation of losses: A party affected by a breach of contract has a duty to mitigate her or his losses.

Outcome

Judgment entered for Applicant in full or 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

Garcia

Entity

UNDP

Case Number(s)

UNDT/NY/2009/112

Tribunal

UNDT

Registry Location :

New York