Annex III

UNAT noted that the only issue on appeal was the issue of appropriate compensation for the unlawful contested decision.  UNAT found that the UNDT appropriately found that the requested compensation in the amount of two years’ net base salary was unwarranted as it would exceed the emoluments to which he would have been entitled absent the unlawful termination. UNAT found no merit in Mr. Kilauri’s contention that the UNDT failed to consider the nature and level of the post he formerly occupied and the chances of renewal beyond the expiry of his fixed-term contract but for his unlawful...

Although a series of resolutions of the General Assembly authorized the Secretary-General (provided a number of conditions were fulfilled) to reappoint under the I00 series of the Staff Rules mission staff whose service under 300 series contracts had reached the four-year limit, there had never been any legal obligation to do so. Even if the principles of Handelsman were applied to this case, no express promise for converting the appointments could be found. Furthemore the Applicants failed to exhaust internal remedies in a timely manner, since they did not initiate formal proceedings against...

Section 8.9 of ST/AI/1999/3 applies only to holders of fixed-term appointments. It is therefore not relevant to the applicant’s case, as he held an indefinite appointment. Regarding the payments due, a clear distinction must be made between the termination indemnities, which are automatically due to the concerned staff member in the event of termination of his/her contract, as provided by the Staff Regulations and Rules, and the compensation package, which, in addition to that which is legally due, includes a certain amount that the administration chooses to give ex gratia; as such, it is...

The UNDT found that the Applicants were not eligible to be paid termination indemnity and that the decision was lawful.

The UNDT found that the Applicants were not eligible to be paid termination indemnity and that the decision was lawful.

The UNDT found that the Applicants were not eligible to be paid termination indemnity and that the decision was lawful.

The UNDT found that the Applicants were not eligible to be paid termination indemnity and that the decision was lawful.