¹ú²úAV

UNDT/2010/195

UNDT/2010/195, Aly, et al.

UNAT Held or UNDT Pronouncements

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.

Decision Contested or Judgment/Order Appealed

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.

Legal Principle(s)

N/A

Outcome
Judgment entered for Applicant in full or in part

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.