¹ú²úAV

UNAT considered the Secretary-General's appeal. UNAT found that it was uncontested that the Respondent had a fixed-term appointment and emphasized that there is no expectancy of renewal of fixed-term appointments. UNAT held that the Respondent could not rely on general statements to assume that her contract would be renewed and that she was even encouraged to apply for positions that would be published in the coming weeks. UNAT also found that there was no illegality or abuse in the decision to abolish the Respondent’s post and to not renew her fixed-term appointment. UNAT held that UNDT...

Moral damages – As held in Asariotis 2013-UNAT-309, damages for a moral injury may arise from a breach of the employee’s substantive entitlements arising from his or her contract of employment and/or from a breach of the procedural due process entitlements therein guaranteed (be they specifically designated in the Staff Regulations and Rules or arising from the principles of natural justice). Where the breach is of a fundamental nature, the breach may of itself give rise to an award of moral damages, not in any punitive sense for the fact of the breach having occurred, but rather by virtue of...

The instruments invoked by the Applicant did not lend support to the contention about illegality of the abolition of his post occasioned by the fact that a post of a similar functionality would have been subsequently created within ECA. No violation of procedures envisaged in these instruments has been shown. Specifically, neither of these instruments obligated ES/ECA to carry out redeployment or classification of existing Regional Advisor posts in priority over creation of new posts at ECA. The Tribunal found no abuse, arbitrariness or unfairness in the abolition of the Applicant’s post...