UNDT/2010/195, Aly, et al.
The Secretary-General’s decision to allow the applicants to resubmit their cases to the CAC within 90 days was reasonable and fair. The CAC is the legitimate and appropriate body to hear the applicants’ request for a review of a reclassification decision. In view of the JAB’s report, the lack of information provided during the period in question and the respondent’s silence in explaining the delays in the period from 2000-04, the Tribunal finds that compensation for the excessive delay in responding to the original request for reclassification is warranted, as is compensation for the breach of the applicants’ procedural rights.Outcome: Specific performance: cases remanded to CAC for classification decisions on the proviso that each applicant submits their case for review within sixty days of the date the judgment becomes executable; and for all cases submitted within this period, the CAC shall render decisions within 180 days of the date this judgment becomes executable. Compensation: USD20,000 awarded to each of the applicants for excessive delays and procedural non-compliance.
Following a protracted classification review process, the applicants contested the decision of the Secretary-General to refer the matter back to the classification review committees (CAC) and not to award compensation for delays.
N/A