UNDT/2016/220 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2016/220, Sarrouh

UNAT Held or UNDT Pronouncements

The Tribunal granted the application in part as the reasons provided for the Applicant’s termination, notably end of appointment and abolition of post, were incorrect and therefore unlawful (the decision was rather based on the Applicant’s health). As relief, the Tribunal granted the Applicant’s request for pecuniary compensation consisting in net-base salary from her separation date and until her retirement and ordered that the Applicant should also receive compensation in the amount equal to the contributions (staff member’s and the Organization’s) that would have been paid to the United Nations Joint Staff Pension Fund for two years and 28 days. The Respondent was further ordered to pay the Applicant a compensation of USD3,000 as moral damages.

Decision Contested or Judgment Appealed

Formal notice of separation from service

Legal Principle(s)

Termination from service: Under the staff regulations and rules, the Secretary-General may separate a staff member from service in accordance with her terms of his/her appointment or for any of the reasons specified in the staff regulations 9.1 to 9.3 and staff rules 9.1 to 9.6. There are five sub-categories in the types of separation which may be initiated by the Secretary-General, including: (a) termination for reasons (grounds) not related to the staff member: abolition of posts or reduction of staff (regulation 9.3(a)(i) and staff rule 9.6(c)(i) and 9.6(e)), and (b) termination for reasons (grounds) related to the staff member, such as if the staff member is, for reasons of health, incapacitated for further service (staff regulation 9.3(a)(iii) and staff rule 9.6(c)(iii)).

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

Only financial compensation

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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

Sarrouh

Entity

UNDP

Case Number(s)

UNDT/NY/2015/40

Tribunal

UNDT

Registry Location :

New York