¹ú²úAV

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in law when it held that the amendment to Article 10(5)(b) of the UNDT Statute, which requires harm to be supported by evidence for the award of damages, was not applicable because Ms Tsoneva had filed her application before the amendment entered into force on the basis that an award of damages takes place at the time the award is made. UNAT noted that applying the amended statutory provision was not the retroactive application of law but rather, it was applying existing law. UNAT held that UNDT erred in law by not applying the UNDT Statute as it existed at the time UNDT rendered its judgment. UNAT held that by considering that Ms Tsoneva suffered emotional distress without any further evidence of harm, UNDT made an error of law in its decision. UNAT granted the appeal and vacated the award of damages for moral harm ordered by the UNDT judgment.