UNDT/NY/2009/039/JAB/2008/080

The applicant, then a staff member, applied and was short-listed for the Galaxy-advertised post of ASG/DESA. The notice stated that the candidacies of all UN staff members were to be “considered first”, that is to say, in priority to external candidates, and via a procedure akin to that of ST/AI/2006/3. The person appointed was not a UN staff member and the applicant challenged the decision to appoint them. At around the time of the applicant’s application for the post, he was the subject of various widely publicized investigations. The respondent initially claimed that the decision not to...

Economic loss: Since the applicant was due to retire at the time the selection would have been made, his economic loss was the value of the salary and emoluments of an ASG, without any adjustment for the receipt of entitlements as a D-2 Director, which is a simple calculation of the gross earnings minus deductions, plus the respondent’s subsidy contributions. Any actual income he made is adjusted against this amount. Pension: The pension calculation is more difficult. Two methods of calculation are open as the Pension Fund has stated it will not recalculate the applicant’s pension: the first...