¹ú²úAV

The Appellant sought an order for reinstatement, an increase in the compensation awarded, and an increase in the amount awarded by UNDT for moral damages. The Appellant also contested the failure UNDT’s failure to make a referral for accountability to the Secretary-General under Article 10(8) of the UNDT Statute. UNAT decided that Article 10(5)(a) of the UNDT Statute, which corresponds to Article 9 (1)(a) of the UNAT Statute, does not confer on the Tribunal the power to enforce the reinstatement of a staff member’s contract in a non-renewal case. UNAT, therefore, held that the Appellant’s claim for an order of reinstatement must be rejected. UNAT held that a staff member’s testimony alone is not sufficient to present evidence supporting harm under Article 10(5)(b) of the UNDT Statute. Therefore, the testimony of an applicant in such circumstances needs the corroboration of independent evidence to support the contention that harm has occurred. UNAT accordingly dismissed those claims but allowed UNDT’s award of moral damages to stand since it was not appealed by the Secretary-General. UNAT further held that referral for accountability is not appropriate in this case, as Cohen held that the exercise of the power of referral for accountability must be exercised sparingly and only where the breach or conduct in question exhibits serious flaws. UNAT found that the Appellant did not establish any error of law, fact, or procedure that would entitle UNAT to interfere with UNDT’s judgment. UNAT held that the appeal must fail.