UNDT/2011/176 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2011/176, Kananura

UNAT Held or UNDT Pronouncements

UNDT held that the Applicant satisfied the test that the decision appeared to be prima facie unlawful. UNDT held that the Applicant satisfied the urgency test. UNDT noted that the decision would leave five days, from the date of the Judgment, for the Applicant to obtain temporary employment for a period of three months. UNDT held that a stay in the implementation of the decision, albeit for the limited period of an additional 25 calendar days, until the management evaluation is due on 7 November 2011, would serve the purpose of allowing sufficient time for the Respondent to carry out a proper review at the stage of management evaluation, whilst at the same time affording the Applicant additional time to seek alternative employment, should she fail in her application for management evaluation of the contested decision. UNDT held that the Applicant satisfied the irreparable damage test. UNDT noted that loss of employment is to be seen not merely in terms of financial loss, for which compensation may be awarded, but also in terms of loss of career opportunities. This is particularly the case in employment within the United Nations which is highly valued. Once out of the system the prospect of returning to a comparable post within the United Nations is significantly reduced. The damage to career opportunities and the consequential effect on one’s life chances cannot adequately be compensated by money. UNDT held that the Application succeeded.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to extend her temporary appointment beyond 18 October 2011. She submitted an application for a suspension of action regarding this decision.

Legal Principle(s)

When it comes to applications for suspension of action, UNDT has to consider: 1) whether the impugned decision appears to be prima facie unlawful; 2) whether the matter is of particular urgency; and 3) whether its implementation will cause the Applicant irreparable harm. UNDT must find that all three of these requirements have been met in order to suspend the action (implementation of the decision) in question.

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

Kananura

Entity

DFS

Case Number(s)

UNDT/NY/2011/078

Tribunal

UNDT

Registry Location :

New York