UNAT noted that the only issue on appeal was the issue of appropriate compensation for the unlawful contested decision. UNAT found that the UNDT appropriately found that the requested compensation in the amount of two years’ net base salary was unwarranted as it would exceed the emoluments to which he would have been entitled absent the unlawful termination. UNAT found no merit in Mr. Kilauri’s contention that the UNDT failed to consider the nature and level of the post he formerly occupied and the chances of renewal beyond the expiry of his fixed-term contract but for his unlawful...
Annex I
Showing 1 - 2 of 2
Burden of proof
Evidence of harm
In-lieu compensation
Loss of chance
Pecuniary (material) damages
No expectancy of renewal
Disciplinary sanction
Compensation
Non-renewal
Termination (of appointment)
Administrative decision
Implied administrative decision
Compensation
Non-pecuniary (moral) damages
Jurisdiction / receivability (UNDT or first instance)
Subject matter (ratione materiae)
The Tribunal found that the Organization’s inaction to resolve the failure to timely pay to the Applicant the amount due constituted an implied decision, which, in turn, was an appealable administrative decision subject to scrutiny, regarding the period of delay, even if the amount due had eventually been paid. The Tribunal ruled that the Applicant had a contractual right to receive her salary and to receive it in a timely manner. Technical problems following the deployment of a new ERP system are not a justification for a denial of such an entitlement. Therefore, the Tribunal awarded...