UNDT/2012/197

UNDT/2012/197, Tolstopiatov

UNAT Held or UNDT Pronouncements

The Respondent claimed costs for unnecessary litigation. The Tribunal dismissed the Applicant’s claim in respect of the delay in submitting the PF4 form, ordered the Respondent to pay the Applicant the outstanding interest payment pursuant to Tolstopiatov UNDT/2011/012, and refused the Respondent’s claim for costs. Enforcement of Judgment Order: The Tribunal ordered the Respondent to pay interest on the money which had not been fully paid under Tolstopiatov UNDT/2011/012 at the rate of the US Prime Rate plus 5 percent for the relevant time period. Costs: Whilst the Tribunal would discourage unnecessary litigation, this applies to both staff members and the Administration. The Applicant was exercising his legal right and there has still only been partial satisfaction of the compensation award of UNDT/2011/012. Accordingly, the Tribunal finds that there was no abuse of process on the part of the Applicant.

Decision Contested or Judgment Appealed

The Applicant appealed that: (a) the Respondent “intentionally blocked” the submission of a Separation Notification Form, “PF4”, to the United Nations Joint Staff Pension Fund for a period of 14 months; and (b) that there was a shortfall in regard to the interest payment on the award under Tolstopiatov UNDT/2011/012.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

Outcome Extra Text

Only financial compensation

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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

Tolstopiatov

Entity

UNICEF

Case Number(s)

UNDT/NY/2011/059

Tribunal

UNDT

Registry Location :

New York