2011-UNAT-104, Sanwidi

UNAT Held or UNDT Pronouncements

UNAT considered an appeal of judgment No. UNDT/2010/061 on compensation. UNAT held that, as it had previously overturned the judgment on the merits (which found in favour of Mr Sanwidi), the foundation for an award of compensation no longer existed and the appeal was moot. UNAT held that the judgment on compensation was automatically vacated when it overturned the judgment on the merits. UNAT dismissed the appeal and vacated the UNDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to summarily dismiss him for serious misconduct. UNDT issued judgment No. UNDT/2010/036 on the merits and judgment No. UNDT/2010/061 on compensation. Subsequently, in judgment No. 2010-UNAT-084, UNAT set aside judgment No. UNDT/2010/036.

Legal Principle(s)

A judgment on compensation is automatically vacated if the corresponding judgment on the merits, which is the foundation for the award of compensation, is overturned.

Outcome

Appeal granted

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Sanwidi

Entity

MONUSCO

Case Number(s)

2010-098

Tribunal

UNAT

Registry

New York

Date of Judgement

11 Mar 2011

Language of Judgment

English

Issuance Type

Judgment

Categories/Subcategories

Compensation

Jurisdiction / receivability (UNAT)

Subject matter (ratione materiae)