Ä¢¹½ÊÓƵAT Held or Ä¢¹½ÊÓƵDT Pronouncements
Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal, which was limited to a challenge of Ä¢¹½ÊÓƵDT¡¯s method of calculating the compensation awarded to Mr Nyasulu as an alternative to the rescission. Ä¢¹½ÊÓƵAT noted that Mr Nyasulu presumably had no objection to the compensation being re-calculated, as he did not rebut the appeal. Ä¢¹½ÊÓƵAT found that it had no option but to remand the case as, in order to rule on the Secretary-General¡¯s request, it would first need to be satisfied that Ä¢¹½ÊÓƵDT¡¯s calculation of compensation in lieu of rescission was not correct. Ä¢¹½ÊÓƵAT held that that could not be done because Ä¢¹½ÊÓƵDT gave no reasons for applying the impugned exchange rate. Ä¢¹½ÊÓƵAT remanded Ä¢¹½ÊÓƵDT¡¯s judgment to state the reasons, facts, and law on which its method of calculation the compensation in lieu of recission was based.
Decision Contested or Judgment/Order Appealed
Mr Nyasulu contested the decision not to renew his appointment and the decision to require him to go through a competitive recruitment process for the position of Principal Rule of Law Officer, United Nations Mission in Liberia (Ä¢¹½ÊÓƵMIL) at the D-1 level. Ä¢¹½ÊÓƵDT ordered rescission of the contested decision and reinstatement of the Applicant and his deployment to the next similar position as at the time of his separation. In the alternative, Ä¢¹½ÊÓƵDT ordered one-year compensation as follows: (a) four months¡¯ net base salary for the period that Mr Nyasulu was not working, and (b) the ¡°difference in pay for eight months between his last salary (a total of approximately USD 139,559) and his salary as a Special Prosecutor in Malawi (total of approx. USD 65,000)¡±. Ä¢¹½ÊÓƵDT also awarded Mr Nyasulu compensation for the ¡°substantive and procedural irregularities occasioned to him by the failure of Ä¢¹½ÊÓƵMIL Administration to conduct a comparative review to determine his suitability for reassignment to a new position¡± in the amounts of (a) one month¡¯s net base salary as compensation for the substantive irregularity and (b) one month¡¯s net base salary for the procedural irregularities.
Legal Principle(s)
The judgments of the Dispute Tribunal shall be issued in writing and shall state the reasons, facts, and law on which they are based.