UNDT/2011/199

UNDT/2011/199, Mistral Al-Kidwa

UNAT Held or UNDT Pronouncements

Abolished posts: The onus is on the Respondent to show that the Organization acted correctly towards the Applicant as a permanent appointee on an abolished post and to demonstrate what good faith steps it took, in accordance with its legal and policy obligations, to assist her with finding alternative employment.Manifest abuse of process: A withdrawal of an admission of liability upon which the parties have relied may result in a finding of manifest abuse of process warranting award of costs.Outcome: Relied ordered: (i) 9 months’ net base salary (breach of rights and loss of chance of continued employment); (ii) 3 months’ net base salary (emotional distress); (iii) USD1,500 (costs against the Respondent).

Decision Contested or Judgment Appealed

The Applicant, who held a permanent appointment with UNICEF, appealed against the decision to separate her from service. The UNDT found that the decision to end the Applicant’s assignment and, as a result, to separate her from service was lawful. However, the UNDT found that UNICEF failed to comply with its obligations to the Applicant as a permanent staff member on an abolished post. The UNDT found that that it was unable to make a definite finding that the Applicant would have been offered a new contract had UNICEF complied with its obligations. However, it found that the likelihood that she would have received a new contract was sufficiently high to award the amount of nine months’ net base salary as compensation for the loss of chance of continuing her employment and loss of career opportunities. The UNDT further found that the Applicant suffered emotional distress, for which she should be compensated in the amount of three months’ net base salary. The UNDT further found that the Respondent manifestly abused the proceedings by withdrawing the admission of liability, which had been relied upon by both parties, and awarded costs against the Respondent in the amount of USD1,500.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Mistral Al-Kidwa

Entity

UNICEF

Case Number(s)

UNDT/NY/2010/053/UNAT/1706

Tribunal

UNDT

Registry Location :

New York