UNDT/2011/127

UNDT/2011/127, Massabni

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Full judgment

UNAT Held or UNDT Pronouncements

The Tribunal finds that the Administration erred in considering that no classification decision had been taken. It further finds that the Applicant duly followed the procedure foreseen in ST/AI/1998/9 and that she was deprived of her right to a remedy. Turning to the question whether such breach resulted in loss of a chance to have her post classified at the P-4 level, the Tribunal considers that the Applicant has not shown that she suffered any actual material harm, given the uncertainty surrounding a possible approval of the new budgetary post by OPPBA and the General Assembly. However, it awards her USD3,000 in moral damages. Awarding compensation: Compensation may be awarded only where there is a link between the unlawfulness of the contested decision and the harm suffered by the Applicant. Compensation for material damage: Material damages may be awarded only if the damage is actual/certain.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to reclassify her post at the P-4 level.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

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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
Massabni
Entity
UNCTAD
Case Number(s)
UNDT/GVA/2010/106
Tribunal
UNDT
Registry
Geneva
Date of Judgement
Duty Judge
Judge Cousin
Language of Judgment
English
French
Issuance Type
Judgment
Categories/Subcategories
TEST -Rename- Benefits and entitlements-45
Special Post Allowance
Classification (post)
Compensation
Loss of chance
Non-pecuniary (moral) damages
Applicable Law
Administrative Instructions
Related Judgments and Orders
UNDT/2010/165