2014-UNAT-429 | SYSTEM OF ADMINISTRATION OF JUSTICE

2014-UNAT-429, Leclercq

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General. UNAT noted that the appeal only addressed the award of material damages. UNAT held that the staff member was entitled to one year’s gross base salary apart from sick leave for the period of his certified illness. UNAT held that the award of twelve months’ gross base salary for material damages as a result of the non-renewal was not disproportionate, taking into account his service from 2003 to 2011. UNAT held that UNDT had thoroughly examined the governing principles in awarding damages and followed the jurisprudence of UNAT. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

UNDT Judgment: The Applicant contested the decision not to renew his contract. UNDT found that the impugned decision was unlawful and that the Applicant could reasonably have expected his contract to have been renewed. UNDT awarded the Applicant material damages corresponding to one year’s gross base salary and moral damages.

Legal Principle(s)

ST/AI/2005/3 (“Sick Leave”) establishes that an appointment shall be extended for the period of certified illness up to the maximum entitlement of sick leave. The Administrative Instruction clearly states that sick leave is an entitlement. Credit for material damages for non-renewal and moral damages may accrue while the staff member is on sick leave because sick leave is not granted in compensation for the loss of earning or loss of expectations but because of incapacitation for service by reason of illness that continues beyond the date of expiration of the appointment.

Outcome

Appeal dismissed on merits

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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

Leclercq

Entity

ITC

Case Number(s)

2013-486

Tribunal

UNAT

Registry Location :

New York