UNDT/2017/096, Chacon Gomez
While the eventual payment of arrears put an end to the ongoing breach by the Administration, it did not erase the failure to pay the salary when due, and in due amounts, nor the damage that would have been occasioned by the lack of timely payment during the period of two years. The Tribunal found that the duration of the breach and its continuing character was, by UNDT experience, extreme. This was combined with the obscurity of its cause, i.e., “technical problem with funding” which remained unexplained. Reasonably, a problem with funding for the position should have prevented the deployment...