In-lieu compensation

As a preliminary issue, UNAT held that UNDT did not err in declining to hear the proffered evidence from witnesses for the Appellant, as the testimonies related to facts that were not specifically in dispute and could not have refuted the uncontested fact that the decision had been confirmed. UNAT held that the Appellant failed to demonstrate that UNDT erred in concluding that the confirmation decision was lawful and in awarding her compensation only in the amount of the Special Post Allowance she would have received. UNAT held that UNDT did not err by failing to order the Appellant’s...

UNAT considered an appeal by the Secretary-General. UNAT held that the head of department was not entitled to drop a candidate from the list of qualified candidates and, consequently, from the roster of candidates who had been recognised as qualified. UNAT held that UNDT did not commit an error of law or fact in ruling that the contested administrative decision was marred by irregularity and ordering the Appellant to be paid compensation equivalent to six months’ base salary as an alternative to the rescission of the improper decision. UNAT considered that, in this matter, the first judge was...

UNAT recalled that Article 10. 5 of the UNDT Statute limits the total compensation awarded under subparagraphs (a) or (b), or both, to an amount that shall normally not exceed two years’ net base salary of the applicant, unless the Tribunal orders the payment of higher compensation and gives the reasons for that decision. In cases where UNDT rescinds an illegal decision to dismiss a staff member, the Administration must both reinstate the staff member and pay compensation for loss of salaries and entitlements. If the Administration elects to pay compensation in lieu of the performance of a...

Ms. Azzouni filed an application for revision of judgment No. 2020-UNAT-081 for clarification of the date upon which the two years’ net base salary was to be calculated and requested that it be set as of the date of the judgment, or, alternatively, that an interest rate be applied to the compensation awarded from the date of separation to that of the judgment. UNAT held that it would treat the application as an application for interpretation under Article 11(3) of the UNAT Statute. On the basis that the purpose of compensation is to place a staff member in the same position he or she would...

UNAT considered the Secretary-General’s appeal. UNAT held that, in the present case, UNDT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years’ net base salary. UNAT held that the award of full salary payable between separation and the date of the UNDT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. UNAT held that it would be adequate, fair, and reasonable to award compensation in lieu of reinstatement in an amount equal to...

UNAT considered an appeal by the Secretary-General limited to the amount of compensation. UNAT held that, in the present case, UNDT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years’ net base salary. UNAT held that the award of full salary payable between separation and the date of the UNDT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. UNAT held that it would be adequate, fair, and reasonable to award compensation in...

UNAT considered an appeal limited to the claim that UNDT ordered inadequate compensation for the losses he sustained as a result of various acts and omissions on the part of the Administration. UNAT found that UNDT took due regard for the arguments the Appellant brought in his appeal and that UNDT, having regarded the parameters of what it could compensate the Appellant for, made adequate provisions for the Appellant’s economic and social losses in its overall award to him. UNAT dismissed the appeal and upheld the UNDT judgment.

UNAT considered an appeal by the Secretary-General limited to the matter of compensation. UNAT held that the appeal had to be allowed in part because UNDT erred in setting the compensation in lieu of reinstatement at two years’ net base salary without considering that Mr Gakumba’s previous fixed-term appointments were one year each. UNAT held that the expectancy of renewal could not be fixed beyond such a period and therefore reduced the compensation to one year’s net base salary. UNAT affirmed the UNDT judgment on compensation for non-pecuniary damages and held that no error of law was...

UNAT considered an appeal by the Secretary-General. UNAT held that the payment of interest awarded by UNDT on the payment of Mr Ahmed’s accrued vacation days was undue, noting that any delay in the separation formalities was entirely attributable to him and, as such, he could not be compensated for the delay in payment. On the compensation in lieu of notice, UNAT upheld the UNDT judgment and held that the matter was properly before UNDT and could not be construed as res judicata. UNAT agreed with UNDT that the Administration made a commitment to pay Mr Ahmed compensation in lieu of notice and...

UNAT considered an appeal by the Secretary-General which challenged the remedies afforded Mr Eissa. UNAT held that there was no merit in the Secretary-General’s contention that UNDT erred in not explaining which irregularities were substantive and which were procedural, as either type of irregularity may support an award of moral damages. UNAT held that there was no merit in the Secretary-General’s contention that the award was duplicative of the award of alternative compensation in lieu of rescission. UNAT noted that an award under Article 10(5)(a) of the UNDT Statute is alternative...