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UNDT/2011/148

UNDT/2011/148, Abbas

UNAT Held or UNDT Pronouncements

The Tribunal rescinded the contested decision and set the alternative amount of compensation at USD8,000. The Tribunal further awarded USD6,000 to the Applicant for moral damage suffered. Rescission/Alternative compensation: Pursuant to article 10.5(a) of the Tribunal’s Statute, in a case concerning promotion, the Administration may choose either to implement the ruling annulling the contested decision or to pay the amount fixed as alternative compensation in lieu of rescission. In the first hypothesis, the selection procedure will be restarted and, if the Applicant applies and is eventually selected, she may be promoted with retroactive effect, hence, the Applicant would have sustained no material prejudice; if she is not selected, the Applicant shall not be entitled to any compensation for material damage. In the second hypothesis, when the amount of the compensation set by the Tribunal is paid in lieu of rescinding the contested decision, this amount must be considered as compensating the material prejudice suffered. Future and potential damage: Damage which is future and only potential is not to be compensated. Costs: The Tribunal may only award costs against a party under article 10.6 of its Statute when that party has manifestly abused the proceedings before it.

Decision Contested or Judgment Appealed

The Applicant contested the decision to find her ineligible for a position.

Legal Principle(s)

N/A

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.

Applicants/ Appellants
Abbas
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