2010-UNAT-094 | SYSTEM OF ADMINISTRATION OF JUSTICE

2010-UNAT-094, Sina

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General. UNAT held that it would not approve the award of compensation when absolutely no harm had been suffered. UNAT agreed with the UNDT that a staff member had the right to be informed of administrative decisions affecting them, however, UNAT held that a few days lapse was inconsequential and, in the matter before it, had no consequences. UNAT vacated the part of the UNDT judgment awarding compensation.

Decision Contested or Judgment Appealed

Mr Sina contested the decision not to renew his contract. UNDT found that Mr Sina had no legitimate expectation of renewal of his contract and that the non-renewal decision was based on proper grounds and not affected by irrelevant considerations; however, UNDT awarded compensation for the Secretary-General failing to notify him of a decision by the Advisory Board on Compensation Claims.

Legal Principle(s)

An award of compensation requires evidence of harm.

Outcome

Appeal granted in part

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Sina

Entity

UNDP

Case Number(s)

2010-094

Tribunal

UNAT

Registry Location :

New York