AV

UNDT/2012/027, Servas

UNAT Held or UNDT Pronouncements

When the Tribunal is requested to exercise its jurisdiction under articles 2.1(c) and 8.2 of its Statute, the Tribunal’s competence is limited to verifying whether the agreement reached through mediation has been implemented.Outcome:

Decision Contested or Judgment Appealed

The Applicant filed an application to enforce the implementation of an agreement reached through mediation. The said agreement provided among other things that: “The International Trade Centre shall retroactively separate and reappoint [the Applicant] to the P-2 level, step I as from June 1st 2010 until the expiration of [the Applicant’s] current appointment on July 18th 2011.” The Applicant claims that ITC failed to comply with its obligations arising from the agreement by refusing to change her title and grade on her performance appraisal report from G-5 Programme Assistant to P-2 Associate Adviser. The Tribunal found that the terms of the agreement required ITC to retroactively put the Applicant in the administrative situation in which she would have been had she been appointed at the P-2 level, including to modify her performance evaluation report to reflect her title as P-2 Associate Adviser. It ordered ITC to modify the Applicant’s performance evaluation report accordingly. The Tribunal rejected all other claims.

Legal Principle(s)

N/A

Outcome
Judgment entered for Applicant in full or in part
Outcome Extra Text

Judgment in favour of applicant in part (only specific performance ordered)

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.

Applicants/ Appellants
Servas
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type