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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...

UNAT held that the Appellant simply stated that he suffered harm following the decision not to reclassify his post but did not provide any evidence of harm to his career or morale. UNAT held that compensation may only be awarded if it has been established that the staff member actually suffered damages. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT emphasised the importance of performance appraisals and noted that there appeared to be a pattern of delays in completing those of the Appellant. UNAT held that, given the present circumstances of the case, the award of USD 3,000 was manifestly insufficient and increased the compensation to three months’ net base pay. UNAT allowed the appeal to the extent that it pertained to compensation.

UNAT considered Ms Simmons’ appeal and the Secretary-General’s cross-appeal. With respect to Ms Simmons’ claim that UNDT erred when it determined that compensation of USD 500 was reasonable compensation for the procedural breaches, which occurred regarding her performance appraisal for 2007-2008, UNAT found that UNDT placed undue weight on Ms Simmons’ omissions and/or actions. UNAT held that the compensation awarded for this breach was manifestly insufficient. With respect to Ms Simmons’ claim that she did not receive full and fair consideration regarding Post 1, UNAT held that UNDT did not...

UNAT held that UNDT’s approach, in determining the amount of compensation to be awarded to the Appellant, was reasonable. UNAT relied on its holding in Hastings (2011-UNAT-109), where it held that the trial court is in a much better position than UNAT in assessing the probabilities of a candidate being selected for a position. UNAT also found that UNDT correctly concluded that the Appellant should not be awarded any additional compensation beyond the amount already paid to her. UNAT further dismissed the Appellant’s request to award costs against the Secretary-General, noting that there were...

UNAT considered the Secretary-General’s appeal regarding the compensation award of six months’ net base salary for the irregularities in the selection process. UNAT noted that the present case substantially differed from Kasyanov (2010-UNAT-076), which the Secretary-General relied upon; had Mr Kasyanov been selected, it would have been a mere lateral move for him without any change in salary and status. Contrastingly, Mr Sprauten’s selection would have been a move from a temporary appointment to a fixed-term appointment. UNAT rejected the Secretary-General’s contention that UNDT erred in law...

The Appellant appealed the amount of damages awarded by UNDT and claimed additional compensation for the excessive delay of more than four years, from the date she requested an administrative review to the date of the UNDT judgment. UNAT held that the Appellant had been adequately compensated and noted that, unless she could show that she was singled out to work more than her similarly placed colleagues, it would be difficult to conclude that the Chief demanding a higher work output from the Appellant constituted harassment. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered an appeal by the Secretary-General against the judgment on the merits (UNDT/2011/054) and two further appeals by both the Secretary-General and the Applicant of the judgment on compensation (UNDT/2011/131). Relying on its previous holding in Bertucci (2011/UNAT/114), UNAT held that UNDT erred in finding that the Administration violated the Applicant’s due process rights, as no actual prejudice was found. UNAT held that the established facts, as admitted by the Applicant, clearly demonstrated that he engaged in the sexual harassment of local employees and used his position of...

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 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...