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UNDT/2016/014

UNDT/2016/014, Guzman

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Full judgment

UNAT Held or UNDT Pronouncements

The Tribunal found that her separation upon the expiry of her contract was not the subject matter of the Application before it. Damages for moral injury – As held by UNAT in Asariotis, damages for moral injury may arise in two situations: first, for a fundamental breach of the employee’s substantive entitlements arising from his or her contract, and/or from a breach of procedural due process entitlements; secondly, where the employee has produced evidence of harm, stress or anxiety caused by the breach.

Decision Contested or Judgment/Order Appealed

On 15 December 2013, the Applicant filed an Application challenging her “unlawful separation based on the alibi of post abolishment; separation from service pending completion of ePAS rebuttal”. She also filed a Motion for Interim Measures Pending Proceedings which was granted. Her separation was subsequently withdrawn by the Administration. The Applicant was then separated at the expiration of her contract following a reclassification of her P-4 post to P-5.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

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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.

Applicants/Appellants
Guzman
Entity
UNAMA
Case Number(s)
UNDT/NBI/2013/92
Tribunal
UNDT
Registry
Nairobi
Date of Judgement
Duty Judge
Judge Izuako
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Abolition of post
Compensation
Non-pecuniary (moral) damages
Separation from service
Applicable Law
UNDT Statute
Related Judgments and Orders
2013-UNAT-309