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UNAT considered an appeal by Mr Appleton and a cross-appeal by the Secretary-General. UNAT held by majority that UNDT did not make an error of law or fact resulting in a manifestly unreasonable decision when it declined to award compensatory damages to Mr Appleton. UNAT held that it was entirely appropriate for UNDT to approach the issue of compensation under Article 10(5) of the UNDT Statute by engaging in a consideration of Mr Appleton’s likely prospects of success. UNAT held that UNDT correctly found that Mr Appleton’s appointment to the post was not a foregone conclusion and thus he had no...

UNAT considered appeals by both Mr Goodwin and the Secretary-General limited to the issue of compensation. Noting that UNDT declined to award pecuniary damages, UNAT held (with Judge Faherty dissenting) that there was no error of law or fact on the part of UNDT such as would entitle UNAT to interfere with the findings of UNDT. UNAT was satisfied that the Appellant had been properly compensated for moral damages. UNAT held t that the substantive and procedural breaches identified by UNDT of themselves merited an award of moral damages because of the harm caused to Mr Goodwin, namely his having...

UNAT considered an appeal by the Secretary-General and a cross-appeal by Ms. Asariotis. Considering first the cross-appeal, UNAT found no merit in the ground of appeal related to claimed errors in procedure on the part of UNDT. UNAT held that UNDT’s failure to deal specifically with certain issues, namely the benefits Ms. Asariotis lost and priority that would have been afforded to her as a female candidate, did not manifestly affect the outcome of the case, in view of the UNDT’s conclusion that the decision to cancel the vacancy announcement was lawful. UNAT held that UNDT was correct in...

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 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 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...

UNAT considered the Secretary-General’s appeal and Mr Goodwin’s cross-appeal. UNAT rejected the Secretary-General’s submission that UNDT erred by awarding excessive compensation to Mr Goodwin. UNAT relied on Larkin (judgment No. 2011-UNAT-134) on the UNDT’s discretion to determine the amount of damages. Noting the long period before Mr Goodwin before returning to full service and that the amount of compensation awarded was based on the JAB’s recommendation, UNAT found that compensation in the amount of two years’ net base salary was reasonable. In considering whether UNDT erred in concluding...

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...

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...