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UNDT/2015/053

UNDT/2015/053, Dahan

UNAT Held or UNDT Pronouncements

Home leave: The Tribunal concluded that there is nothing in staff rule 5.2 which indicates that the extension or the duration of the extension of a contract of employment is to be decided along with the sick leave entitlements of a staff member. Extension and sick leave cannot be merged to motivate a decision on whether to extend a contract or not. The entitlement to home leave is premised on 12 months service at a designated duty station with the sole condition that the service of the staff member is expected to continue at least three months after the staff member returns to the duty station. Moral damages: The Tribunal was of the view that evidence establishing the existence of moral injury can be gathered and/or inferred from the pleadings and documents produced by a party and does not necessarily have to be viva voce evidence. Application of the amendment to art. 10.5(b): The amendment to art. 10.5(b) requires evidence of “harm” before compensation is granted. The Tribunal considered that it would be unfair to apply the amendment retroactively to the case of the Applicant as indeed to all cases filed before December 2014. The Tribunal held however that even without that amendment the established jurisprudence of UNAT indicates that evidence of prejudice is required before an award of moral damages is made.

Decision Contested or Judgment/Order Appealed

The Applicant challenged the decision by the International Criminal Tribunal for Rwanda (ICTR) to not grant her unconditional home leave in 2012. The Tribunal concluded that the Respondent exercised his discretion wrongly and unlawfully deprived the Applicant of her home leave in 2012.

Legal Principle(s)

N/A

Outcome
Judgment entered for Applicant in full or in part
Outcome Extra Text

The Tribunal granted the Applicant moral damages in the amount equivalent to three months’ net base salary and ordered the Respondent to either grant the Applicant’s request for home leave or pay the equivalent of her home leave entitlement.

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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.