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UNAT considered an appeal that centred on whether the Appellant should be awarded enhanced compensation of three months’ net base salary. UNAT held that UNDT did not make a reversible error in declining to award compensation for moral suffering. UNAT held that the case was distinguishable from Mebtouche (UNDT/2009/039), where the Applicant, Mr Mebtouche, had already retired and had no chance of being promoted, therefore enhanced compensation was justified. UNAT held that enhanced compensation could not be awarded to the Appellant. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT held that the appeal was not filed untimely and was, therefore, receivable. UNAT held that, whatever the gravity of the irregularity committed by the Administration and the number of points obtained by the Applicant in the 2007 promotion session, UNDT did not commit an error in providing that the High Commissioner could decide to pay compensation rather than execute the rescission order. UNAT held that UNDT, in setting the amount of compensation at 8,000 Swiss francs, did not make a manifest error. UNAT held, concerning the conclusion that compensation should be paid for moral damages...

UNAT preliminarily held that the Appellant had not identified any exceptional circumstances justifying the need to file observations in reply to the Secretary-General’s answer. UNAT held that the observations would not be taken into consideration. UNAT held that UNDT had correctly observed that it was not able to substitute itself for the Administration or to declare that the Appellant should have been promoted to the P-5 level. Regarding the Appellant’s contention about the quantum of compensation, UNAT held that UNDT was in the best position to decide on the level of compensation given its...

UNAT considered an appeal by the Secretary-General. UNAT held that there was no reason to re-examine the judgments of the former Administrative Tribunal in judgment No. 1047, Helke (2002) and judgment No. 1122, Lopes Braga (2003). UNAT held that the award of compensation for non-pecuniary damage did not amount to an award of punitive or exemplary damages designed to punish the Organisation and deter future wrongdoing. UNAT held that UNDT did not err in finding that the staff member suffered stress based on his submission. UNAT held that UNDT had committed no error in awarding compensation for...

UNAT preliminarily rejected the Appellant’s request for an oral hearing via teleconference, noting that his brief of appeal was sufficient and did not require further clarification. UNAT held that the Appellant’s contention that UNDT failed to consider his arguments regarding the former service on a “specialist” post was without merit, noting that this issue was considered by UNDT. UNAT noted that neither UNDT nor UNAT has the authority to amend any regulation or rule of the Organisation, so as to apply the “case by case” consideration to “specialist” staff members during promotion sessions to...

UNAT preliminarily held that the appeal was receivable, as it was filed within the time granted for re-filing. With regards to the issue of the Appellant’s termination, UNAT held that the UNRWA JAB’s decision was legal, rational, and procedurally proper. UNAT held that it was an exceptional case where the doctrine of proportionality should be invoked. UNAT held that the decision to terminate the Appellant’s services was disproportionate, more drastic than necessary. UNAT noted that the changes in the records that were made by the Appellant showed that she had originally not reflected that the...

In reviewing the Appellant’s appeal, UNAT found that the decision to terminate the Appellant’s position was based on generalized reasons, as opposed to specific facts, and found no real justification for the decision. UNAT held that this was inconsistent with the jurisprudence of the former Administrative Tribunal, which provides that an Administration must act in good faith and not make decisions based on erroneous, fallacious, or improper motivation. UNAT noted that when an administrative decision concerns termination, it shall set an amount of compensation that the respondent may elect to...

The Administration paid the compensation ordered by UNDT and the Secretary-General subsequently filed his cross-appeal challenging UNDT’s decision to award compensation. UNAT held that, by paying the compensation ordered, the Secretary-General accepted the UNDT judgment and that his cross-appeal was, therefore, moot.

UNAT considered Mr James’ appeal and the Secretary-General’s cross-appeal. UNAT affirmed UNDT’s finding that Mr James was not eligible for the P-3 position both because he did not take the required examination and because of the lack of required qualifications. UNAT accordingly dismissed Mr James’ appeal that UNDT erred in not awarding him compensation for loss of opportunity. UNAT allowed the cross-appeal and set aside the order for compensation for distress. UNAT noted that the compensation was not requested, there was no evidence of damage or injuries, and Mr James acknowledged on appeal...

UNAT considered the Appellant’s appeal and had to determine: whether her marriage to the late former staff member was legally valid at the time of his separation from the Organisation in 1998; and whether the Organisation created a legal expectancy of acknowledgement of benefits to the Appellant. UNAT found that the former staff member’s alleged divorce from his first wife was not legally valid because the authorities pronouncing it were not competent and did not apply the law under which the marriage had been concluded. It follows that his second marriage to the Appellant was not valid at the...