2016-UNAT-622, Aly et al.
UNAT affirmed UNDT’s rescission of the decision to maintain the classification, reaffirming the right of staff members to request reclassification when the duties and responsibilities of their posts changed substantially as a result of restructuring within their office. However, UNAT reversed UNDT’s order to remand the case to the Administration, stating that a second remand was unviable and unfair having regard to the fact that the protracted classification review process was mainly due to the reluctance and failure of management to follow their own rules, regulations and administrative instructions. UNAT held that the majority of the applicants had already retired so a remand could not offer an effective remedy. Instead, UNAT awarded each appellant compensation equivalent to three years’ net base salary. In light of the particularly egregious circumstances of the case and the accumulation of aggravating factors, UNAT held that the increased award, exceptionally exceeding the equivalent of two years’ net base salary pursuant to Article 9(1)(b) of UNAT’s Statute, was justified.
A group of staff members claimed that the reorganization of their section had led to an increase in their functions and responsibilities, without commensurate reclassification of their posts. They filed an application with UNDT contesting the post reclassification decisions made by the Assistant Secretary-General, Office of Human Resources Management (ASG/OHRM) which had not resulted in the reclassification of their posts. UNDT rescinded ASG/OHRM’s decision and remanded the case to the Administration for classification decisions.
Compensation for harm may exceed two years’ net base salary in exceptional cases, such as particularly egregious circumstances of a case and aggravating factors. Staff members have the right to request reclassification when the duties and responsibilities of their posts changed substantially.