2017-UNAT-713, Tsoneva
UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in law when it held that the amendment to Article 10(5)(b) of the UNDT Statute, which required harm to be supported by evidence for the award of damages, was not applicable because Ms Tsoneva had filed her application before the amendment entered into force, on the basis that an award of damages takes place at the time the award is made. UNAT held that applying the amended statutory provision is not the retroactive application of law but rather, it is applying existing law. UNAT held that UNDT erred in law by not...