UNDT/2012/150, Bi Bea
The Tribunal held that the delay by the Respondent without reason was a ‘manifest abuse of the proceedings’ which entitled the Applicant to an award of costs. In light of said delays by the Respondent the Tribunal awarded the Applicant interest from the date of wrongful separation until the payment of compensation, and for the moral damages award, interest from the date of award by the JAB. The Tribunal held that as there is no practical difference between the terms ‘net’ and ‘net base’ pay, the Applicant is not entitled to the additional payments which amount to the ‘gross’ sum of his salary. The Applicant’s request for pension contributions was refused, the Tribunal holding that the award of compensation was to compensate him for loss of his position and was not a continuation of his employment beyond the employment date. The Organisation's contributions to the pension fund were not a supplement to the staff member’s income and could not be treated as such, rather they were nominal contributions accounted for at the relevant period.
The JAB awarded the Applicant nine month’s net salary as compensation for premature and wrongful separation; six month’s salary for the time he should have remained in service and three month’s for moral damages. The Applicant requested (i) costs for the time wasting of the Administration in forcing him to take the case, (ii) interest for the Administration’s delay in awarding him the compensation, (iii) payment of ‘net salary’ as opposed to ‘net base salary’ and (iv) the Administration’s pension contributions for the months he should have remained in service.
N/A
UNDT awarded financial compensation.