UNDT/2014/114 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2014/114, Tredici, Gueben, Lamb, Lobwein, Matar, Pastore Stocchi, Rexhepi, and Vano

UNAT Held or UNDT Pronouncements

The Tribunal finds that the pertinent facts and the legal issues in the present cases are on all fours as those of the ICTY cases. As both parties have accepted the ratio decidendi of the decisions by the UNAT in the ICTY cases, the Tribunal adopts the Appeals Tribunal’s findings in Malmström 2013-UNAT-357 and remands the UNAKRT conversion exercise to the ASG/OHRM for retroactive consideration of the suitability of each applicant within 90 days of the date of publication of this judgment in accordance with the guidelines set out by the Appeals Tribunal in the matter of Malmström. Taking into consideration the similarities between the facts in the ICTY case and those from the UNAKRT cases, and in accordance with Mallström and Gehr, the Tribunal finds it appropriate to award each of the Applicants the USD equivalent of EUR3,000 for the breach of their due process rights to be properly, fairly and individually considered for permanent appointment.

Decision Contested or Judgment Appealed

The Applicants, eight staff members of the United Nations Assistance to the Khmer Rouge Trials (“UNAKRT”), filed eight individual applications contesting the decision denying them conversion to permanent appointment on grounds of operational reasons as UNAKRT is a downsizing entity.

Legal Principle(s)

The appropriate manner of compliance with the Appeal Tribunal’s Judgment is to fully respect the judgment in all aspects of its pronouncement.

Outcome

Judgment entered for Applicant in full or in part

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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

Tredici, Gueben, Lamb, Lobwein, Matar, Pastore Stocchi, Rexhepi, and Vano

Entity

Case Number(s)