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UNAT considered the Secretary-General’s appeal and Mr Terragnolo’s cross-appeal, noting that only the compensation awarded by UNDT was being contested. With respect to the Secretary-General’s appeal, UNAT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. UNAT noted that the impugned judgment followed UNAT’s jurisprudence, but UNDT’s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. UNAT held that due...

UNRWA DT considered an appeal by the Commissioner-General. UNAT held that UNRWA DT did not err in fact or in law such as to vitiate its judgment, except with regards to the award of compensation. UNAT held that UNRWA DT did not overstep its role to judicially review the administrative decision imposing a disciplinary measure on the staff member and terminating his appointment. UNAT held that the Administration had failed to demonstrate that the staff member had committed the serious misconduct he had been charged with, because not only did the proceedings fail to provide him with an adequate...

UNAT considered an appeal by the staff member and a cross-appeal by the Secretary-General. Regarding the cross-appeal of the Secretary-General on material damages, UNAT held that UNDT was the body best placed to assess a candidate’s chance of selection for placement on the roster. UNAT held that the fact that there were several candidates selected from the roster in the months following the roster approval was sufficient to underpin UNDT’s assessment that the staff member’s chances were not in the realm of the speculative. UNAT held that there was no merit in the Secretary-General’s cross...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. UNAT held that UNDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

UNAT considered the appeal and allowed it in part. UNAT held that the Appellant’s claim that the AJAB found a series of violations of her rights as a staff member, but had not awarded commensurate compensation, had merit. UNAT held that the IACO breaches identified by the AJAB were fundamental in nature, (i. e. The treating of a temporary assignment as permanent, discrimination of the staff member, failure to make good faith efforts to find alternative positions, and refusing to provide access to personnel and confidential files) and the breach itself gave rise to an award of moral damages by...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT did not properly review the impugned administrative decision to determine whether the Administration had given full and fair consideration to staff members’ suitability for conversion. UNAT held that the Administration had fully complied with Section 1 of ST/SGB/2009/10 and paragraph 5 of the Guidelines, as it must when considering whether a staff member is eligible for conversion. UNAT held that UNDT had made a significant error of law in concluding that the impugned decision was unlawful. UNAT held that UNDT had erred in...

The Secretary-General appealed, regarding the judgments on liability and relief. Mr. Wasserstorm also appealed regarding the judgment of relief. UNAT agreed with the Secretary-General that the Ethics Office is limited to making recommendations to the Administration and found that the recommendations are not administrative decisions subject to judicial review. UNAT accordingly upheld the Secretary-General’s appeal on receivability. UNAT reversed the judgment on Liability and vacated the judgment on Relief. With respect to the award of costs, UNAT found that the Secretary-General’s refusal to...

UNAT considered an appeal by the Secretary-General. UNAT held that, at the time UNICEF sought to make the correction from termination to non-renewal, the staff member was already separated from service, and it was, therefore, too late to reverse the decision. UNAT affirmed UNDT’s finding that the staff member’s separation from service was termination on grounds of alleged unsatisfactory performance and that the Administration’s decision to reverse the decision was untimely and ineffective. UNAT held that there was no reason to reverse UNDT’s finding that the staff member had been deprived of a...

UNAT addressed both appeals by the Secretary-General in judgment No. 2014-UNAT-418. UNAT held that UNDT did not commit an error of law when it accepted one of the possible reasonable interpretations of Staff Rule 5.3(e) and decided that the SLWOP did not affect the continuous duration of the staff member’s appointment. UNAT held that, contrary to the assertions made by the Secretary-General, the staff member had in fact an expectation of being granted a permanent appointment and that the evidence had been produced at the special hearing on 4 March 2013. UNAT dismissed the appeals and affirmed...

UNAT considered an appeal by the Secretary-General. UNAT held that the absence of any breach of the staff member’s substantive or procedural rights during the selection exercise precluded the award of moral damages to him. UNAT held that the staff member could not show a breach of a fundamental nature or that he suffered harm, stress or anxiety directly linked or reasonably attributed to a breach of his substantive or procedural rights. UNAT held that the Administration’s failure to respond to staff members’ repeated requests for information was not a breach of his substantive contractual...