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UNAT considered an appeal by the Secretary-General. The Secretary-General asserted that UNDT erred in determining the amount of compensation to be awarded to Mr Kozlov and Mr Romadanov for the irregularity in the proceedings. Relying on Kasyanov (2010-UNAT-076) and Wu (2010-UNAT-042), UNAT noted that it previously awarded compensation in the amount of two months’ net base salary where the decision not to appoint the applicants was procedurally flawed. UNAT found no reason to depart from this jurisprudence as no pecuniary loss was shown on part of Mr Kozlov and Mr Romadanov. UNAT also noted...

The Secretary-General appealed and Mr Marsh filed a cross-appeal, challenging the legality of the interview process and the compensation award. With respect to the first issue, UNAT found that the records showed a proper and professional proceeding during the interviews and the report of its outcome was based on evaluations objectively motivated, and Mr Marsh was accorded the objective consideration and equal treatment to which all candidates are entitled. With respect to the second issue, UNAT noted that not every violation of due process will necessarily lead to an award of compensation...

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 of judgment No. UNDT/2012/131. UNAT noted that Mr McIlwraith raised claims substantially similar to, if not identical to, those raised by the other International Criminal Tribunal for the former Yugoslavia (ICTY) staff members who appealed judgment No. UNDT/2012/131, as well as the staff members who appealed judgment No. UNDT/2012/129 and judgment No. UNDT/2012/130. UNAT held that, since it had rescinded the UNDT judgment against which the staff members appealed, the majority of their claims were rendered moot. UNAT held that it's reasoning in Malmström et al....

UNAT considered an appeal by Mr Appleton and a cross-appeal by the Secretary-General. UNAT held by majority that UNDT did not make an error of law or fact resulting in a manifestly unreasonable decision when it declined to award compensatory damages to Mr Appleton. UNAT held that it was entirely appropriate for UNDT to approach the issue of compensation under Article 10(5) of the UNDT Statute by engaging in a consideration of Mr Appleton’s likely prospects of success. UNAT held that UNDT correctly found that Mr Appleton’s appointment to the post was not a foregone conclusion and thus he had no...

UNAT considered appeals by both Mr Goodwin and the Secretary-General limited to the issue of compensation. Noting that UNDT declined to award pecuniary damages, UNAT held (with Judge Faherty dissenting) that there was no error of law or fact on the part of UNDT such as would entitle UNAT to interfere with the findings of UNDT. UNAT was satisfied that the Appellant had been properly compensated for moral damages. UNAT held t that the substantive and procedural breaches identified by UNDT of themselves merited an award of moral damages because of the harm caused to Mr Goodwin, namely his having...

UNAT considered an appeal by the Secretary-General and an appeal Ademagic et al. UNAT held that judgment No. 2013-UNAT-357 applied mutatis mutandis and adopted paragraphs 33-82 of that judgment, summarised as follows: UNAT held that UNDT erred in law in finding that the authority to grant permanent appointments to to International Criminal Tribunal for the former Yugoslavia (ICTY) staff members vested in the ICTY Registrar and, accordingly, vacated the UNDT decision on that basis and upheld the Secretary-General’s appeal on that issue; UNAT held that each candidate for permanent appointment...

UNAT considered two appeals by the Secretary-General of judgment Nos. UNDT/2012/104 and UNDT/2012/135. Noting that, where the Administration chooses not to provide a written decision, it cannot lightly argue receivability ratione temporis, UNAT affirmed the UNDT judgment on receivability. On the merits, UNAT held that the contested policy, requiring Mr Manco to renounce his permanent resident status in a country not of his nationality as a condition for becoming a staff member of the Organisation at the professional level, was not reflected in any administrative issuance and concluded that it...

UNAT considered both an appeal by Ms Tsoneva and an appeal by the Secretary-General. UNAT disagreed with the UNDT’s interpretation of the prescribed procedure, leading to the discontinuation of Ms Tsoneva’s position, noting that there was no requirement that the staff member’s meeting with the manager must take place after the staff member had received a written notification or that the manager must consult a concerned staff member. UNAT held that the Director complied with the prescribed procedure by discussing the matter with Ms Tsoneva, informing her in writing of his intention to request...

UNAT considered an appeal by the Secretary-General and a cross-appeal by Ms. Asariotis. Considering first the cross-appeal, UNAT found no merit in the ground of appeal related to claimed errors in procedure on the part of UNDT. UNAT held that UNDT’s failure to deal specifically with certain issues, namely the benefits Ms. Asariotis lost and priority that would have been afforded to her as a female candidate, did not manifestly affect the outcome of the case, in view of the UNDT’s conclusion that the decision to cancel the vacancy announcement was lawful. UNAT held that UNDT was correct in...