2014-UNAT-493

2014-UNAT-493, Das

UNAT Held or UNDT Pronouncements

UNAT considered Ms Das’s application for Interpretation of judgment with respect to the award of interest on the compensatory damages and any remaining termination benefits and entitlements. UNAT noted that its earlier jurisprudence held that interest was to be paid at the US Prime rate from the date on which the entitlement becomes due, which in this case is the date of the UNDT judgment. UNAT noted that it had merely affirmed the award of compensatory damages and termination benefits by UNDT and had not initiated it. UNAT held that there was no merit to the Secretary-General’s claim that interest was to be paid from the date of the UNAT judgment. UNAT admitted the application for interpretation and ordered the Secretary-General to pay Ms Das interest on the award of USD 10,000 compensatory damages and the termination benefits of three months’ net base salary, at the US Prime Rate from the date of UNDT’s judgment to the date of payment.

Decision Contested or Judgment/Order Appealed

Ms Das contested her termination. UNDT found that her termination was unlawful as UNICEF did not comply with the requirements set forth in the Agency’s applicable administrative instruction. UNDT ordered that Ms Das be paid USD 10,000 for the unlawful termination, USD 10,000 for emotional distress, and any outstanding benefits and entitlements, with retroactive interest.

Legal Principle(s)

Interest on compensation payments is to be paid at the US Prime rate from the date on which the entitlement becomes due.

Outcome

Revision, correction, interpretation or execution

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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

Das

Entity

Case Number(s)

Tribunal

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