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The only issue in contention in this appeal is whether the UNDT erred on a question of law or fact when it found that the harm to the Appellant was sufficiently evidenced to justify an award of compensation for moral damages. UNAT found that UNDT based the award of compensation for harm both on the evidence produced by the individual and what it described as “pre-existing distress that the individual was already suffering from” which “was exacerbated by the unlawful decision to refuse his request” to investigate the allegations of discrimination. UNDT was to determine whether Mr. Kebede...

UNAT considered an appeal by the staff member arguing that UNDT erred in not awarding compensation in lieu of remand to ABCC as an alternative remedy. UNAT found no error in the UNDT judgment not awarding in-lieu compensation. UNAT held that since the Secretary-General concurred with the remand in question, the claim became moot. UNAT held that a claim of gross negligence against the Administration is a separate action that could not be included in this claim. UNAT held that the Appellant had not demonstrated that the delay had any impact on her physical or mental well-being, rejecting her...

UNAT considered an appeal by the Secretary-General. UNAT held that there was no sufficient evidence before UNDT to justify its findings of “moral injury”. UNAT held that UNDT erred when it awarded compensation on a claim of “moral injury” without the support of evidence, apart from the testimony of the Appellant. UNAT upheld the appeal and vacated the UNDT judgment regarding the award of compensation for moral harm.

UNAT considered the Secretary-General's appeal, specifically as to whether UNRWA DT’s decision to award special allowances for extra duties performed and compensation for moral damages was an error in law or fact, resulting in a manifestly unreasonable decision. With respect to the allowance for extra duties, UNAT noted that it is settled in its jurisprudence that the Agency has discretionary powers to pay the special allowances, which must be exercised reasonably in accordance with their substantive legal requirements. UNAT held that there was no room for UNRWA DT to substitute its decision...

UNAT considered the Appellant’s appeal, requesting compensation for moral damages, compensation for costs for legal representation, and request for interest. UNAT referred to Article 9(1)(b) of the UNAT Statute, which states that compensation may only be awarded for harm suffered that is supported by evidence. UNAT agreed with the ICJ Registrar that the ICJ was not responsible for the delays, but rather demonstrated good faith in bringing about an arrangement favourable to the Appellant. UNAT accordingly rejected the Appellant’s request for compensation. UNAT also referred to Article 9(2) of...

Both parties appealed. UNAT held that UNDT erred by finding a valid contract of employment between Ms Al Hallaj and ESCWA since no letter of appointment was issued, only an offer of employment. UNAT held that a quasi-contract was formed, considering that Ms Al Hallaj had unconditionally accepted and had fully fulfilled all the conditions specified in the offer of employment. UNAT agreed with UNDT that the ESCWA Administration committed two major errors, in breach of its quasi-contractual obligations. UNAT held that the ESCWA Administration failed in its due diligence to specify clearly and...

UNAT held that the ICJ had breached its duty to protect the staff member against harassment by another staff member. UNAT held that, once senior management had become aware of the incidents, it should have envisaged that similar incidents could happen in the future, and it failed to take the appropriate measures to protect its staff. UNAT awarded USD 12,500 to compensate the staff member for the harm suffered, and especially the harm to her reputation during the course of the investigations. UNAT also awarded 3,630 Euros in legal fees.

UNAT considered both an appeal from the Secretary-General and an appeal from Mr Ross. UNAT considered Mr Ross’s request for consideration by a full bench and held that he had no standing to make such a request and that the case did not raise any significant question of law in relation to the evidentiary standard of proof of moral damages. UNAT held that any irregularity (procedural or substantive) in promotion cases will only give rise to an entitlement to rescission or compensation if the staff member has a significant or foreseeable chance for promotion. UNAT held that the UNDT did not err...

On appeal, UNAT limited its consideration to the issue of the amount of compensation awarded in lieu of rescission and the amount of compensation awarded for harm. On the issue of in lieu compensation, UNAT held that the Appellant failed to advance any error of law or of fact leading to a manifestly unreasonable decision. UNAT noted that in lieu compensation is not intended to compensate for the possible harm suffered by the injured person, as that is the specific aim of compensation for harm. UNAT held that UNRWA DT had the discretion to fix this amount as a generic sum and was not bound by...

UNAT held that UNDT had not failed to properly exercise its jurisdiction by refusing to convene a second case management discussion. UNAT held that, regarding the question of whether UNDT failed to address the Appellant’s factual arguments challenging the legality of the abolition of her post, the appeal was without merit; the Appellant only reargued her case and did not establish that UNDT erred in fact or in law about this issue. UNAT held, however, that UNDT erred in deciding that the Appellant had failed to rebut the presumption that the selection of Mr. D R-B, given that the selected...