UNDT/2021/119 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2021/119, Mukhopadhyay

UNAT Held or UNDT Pronouncements

The Applicant was terminated without being given the statutory three months’ notice. Without that notice, the regulatory framework provides that compensation in lieu of the three months’ notice had to be paid. For reasons similar to those stated in Ahmed, the grant of SLWFP to the Applicant for part of the period neither supplants nor equates to the Respondent’s obligation to have given the Applicant his due notice on 10 September 2010. The Staff Regulation and Rules requires the staff member to either be given notice or payment in lieu of that notice. The Applicant in this case received neither.

Decision Contested or Judgment Appealed

The Applicant challenged the Respondent's decision to refuse payment of 3 months' salary in lieu of notice, following the abolition of his post.

Legal Principle(s)

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The contested decision was rescinded and the Respondent was ordered to pay the Applicant three months’ net base salary in lieu of the notice not afforded to him.

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

Mukhopadhyay

Entity

MONUSCO

Case Number(s)

UNDT/NBI/2020/89

Tribunal

UNDT

Registry Location :

Nairobi