2014-UNAT-451, Sannoh
UNAT considered the Secretary-General’s appeal regarding whether UNDT erred in ordering both an extension of Mr Sannoh’s appointment and payment of a termination indemnity. UNAT noted that UNMIS Information Circular No. 334 provided that staff with fixed-term appointments that are due to expire shortly will have their appointments extended for one year and, should a staff member’s function no longer be required by the mission prior to the expiration of their fixed-term appointment, a termination indemnity may be payable in accordance with Staff Regulation 9. 3 and Annex III of the Staff Rules. In light of this reasoning, UNAT affirmed UNDT’s finding that Mr Sannoh was entitled to compensation for the breach of his entitlement under the Information Circular, as his periodical extensions totalled less than a year. UNAT also affirmed UNDT’s finding that Mr Sannoh was entitled to a termination indemnity in accordance with the law. UNAT dismissed the appeal and affirmed the UNDT judgment.
Mr Sannoh contested the decision to separate him from service. UNDT held that Mr Sannoh was entitled to a termination indemnity under Annex III of the Staff Rules and ordered that his contract be extended from 30 June 2012 to 31 August 2012, or in the alternative, that he be paid one month’s net base salary at his functional level at the time of the contested decision. UNDT also ordered that Mr Sannoh be paid termination indemnity in accordance with Staff Regulation 9. 3 and Annex III to the Staff Rules.
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