UNDT/2012/111 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2012/111, Applicant

UNAT Held or UNDT Pronouncements

Compensation: For an administrative decision to give rise to compensation, the Tribunal must first determine that such decision is unlawful. Right to work: Staff members not only have a duty but also a right to do the work for which they have been recruited.

Decision Contested or Judgment Appealed

The Applicant, an OSLA staff member, appealed the decision to remove her from her duties as counsel. As regards the Applicant’s request for rescission of the contested decision, the Tribunal found that it was moot as the decision had been reversed by the Administration. As regards the Applicant’s request for compensation, the Tribunal found that the contested decision was unlawful and awarded her a lump sum of CHF 9,000 for moral prejudice.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

Only financial compensation

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.

Full Judgment

Applicants/ Appellants

Applicant

Entity

OAJ

Case Number(s)

UNDT/GVA/2012/15

Tribunal

UNDT

Registry Location :

Geneva