2013-UNAT-370, Bi Bea
UNAT vacated UNDT’s award of CHF 5,000. UNAT held that, while UNDT had the power to award costs for manifest abuse of proceedings before JAB, UNDT erred in finding that the Secretary-General’s delay in responding to the JAB report constituted a manifest abuse of proceedings. UNAT held that the delay in question was not inordinate and, in any event, a delay in and of itself, did not constitute a manifest abuse of proceedings. UNAT held that, before UNDT could lawfully award costs against the Secretary-General, it was necessary to determine on the evidence that the delay constituted a wrong or...