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UNAT considered Mr Kamynyi’s appeal and the Secretary-General’s cross-appeal. UNAT rejected Mr Kamunyi’s appeal in its entirety and held that it is within the Administration’s discretion to reassign a staff member to a different post at the same level and that such a reassignment is lawful if it is reasonable in the particular circumstances of each case and if it causes no economic prejudice to the staff member. UNAT held that UNDT rightfully rejected Mr Kamunyi’s request for legal costs, noting that no legal costs were owed to a party when the opposing party had not abused the process. With...

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 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 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...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. UNAT held that UNDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. UNAT held that UNDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

UNAT considered the Secretary-General’s appeal and Mr Terragnolo’s cross-appeal, noting that only the compensation awarded by UNDT was being contested. With respect to the Secretary-General’s appeal, UNAT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. UNAT noted that the impugned judgment followed UNAT’s jurisprudence, but UNDT’s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. UNAT held that due...

UNAT considered the Secretary-General’s appeal and Mr Goodwin’s cross-appeal. UNAT rejected the Secretary-General’s submission that UNDT erred by awarding excessive compensation to Mr Goodwin. UNAT relied on Larkin (judgment No. 2011-UNAT-134) on the UNDT’s discretion to determine the amount of damages. Noting the long period before Mr Goodwin before returning to full service and that the amount of compensation awarded was based on the JAB’s recommendation, UNAT found that compensation in the amount of two years’ net base salary was reasonable. In considering whether UNDT erred in concluding...

UNAT considered the Secretary-General’s appeal and Mr Terragnolo’s cross-appeal, noting that only the compensation awarded by UNDT was being contested. With respect to the Secretary-General’s appeal, UNAT held that the specific remedy of allowing Mr Terragnolo to take the examination was not available and therefore, subsidiary compensation was the appropriate remedy to be ordered. UNAT noted that the impugned judgment followed UNAT’s jurisprudence, but UNDT’s estimation of the loss of chance was absurd or contrary to the evidence and particular circumstances of the case. UNAT held that due...