UNDT/2023/103, Kabila
The Tribunal established that there was no evidence to support the Administration’s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant’s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus she failed to sustain her burden of both production and proof.
In light of the Tribunal’s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to her, calculated at the US prime rate. The Applicant’s claim for financial and...