¹ú²úAV

UNAT considered an appeal by the Secretary-General. UNAT held that there was no reason to reverse the finding of UNDT that a legitimate expectation of a one-year extension was unequivocally created by virtue of the decision taken at the Core Management Group meeting. UNAT affirmed the UNDT decision that Mr Munir had a legitimate expectation and the decision of the Resident Representative not to seek a one-year renewal of his contract was an unlawful exercise of discretion. UNAT held that the Secretary-General failed to demonstrate that the compensation was unreasonable because there was a basis for the award of compensation of nine months’ net base pay for the separation from service. UNAT held that UNDT erred in law and exceeded its jurisdiction in reviewing the additional complaints concerning the conduct of the Resident Representative, matters which had not been part of the Mr. Munir’s request for management evaluation, and making findings reaching the merits in connection with these matters. UNAT held that UNDT erred in awarding moral damages. UNAT held that the appeal succeeded in part. UNAT affirmed the UNDT judgment insofar as it related to the issue of non-renewal of Mr Munir’s appointment and the award of nine months’ net base pay; set aside part of the UNDT judgment in respect of the placement of Mr Munir on administrative leave and the ensuing investigation, as well as the award in the sum of USD 16,000 as compensation for moral damages.

Accountability referral: UNAT held that UNDT erred in referring the conduct of the Resident Representative to the UNDP Administrator. UNAT set aside the UNDT referral for possible action to enforce accountability.