51³Ô¹Ï

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT erred in law when it held that the amendment to Article 10(5)(b) of the UNDT Statute, which required harm to be supported by evidence for the award of damages, was not applicable because Ms Tsoneva had filed her application before the amendment entered into force, on the basis that an award of damages takes place at the time the award is made. UNAT held that applying the amended statutory provision is not the retroactive application of law but rather, it is applying existing law. UNAT held that UNDT erred in law by not applying the UNDT Statute as it existed at the time UNDT rendered its judgment. UNAT held that, by inferring that Ms Tsoneva suffered frustration, denigration and emotional distress without any specific evidence, UNDT erred in law. UNAT granted the appeal and vacated the award of damages for moral harm ordered by the UNDT judgment.