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Moral damages ¨C As held in Asariotis 2013-UNAT-309, damages for a moral injury may arise from a breach of the employee¡¯s substantive entitlements arising from his or her contract of employment and/or from a breach of the procedural due process entitlements therein guaranteed (be they specifically designated in the Staff Regulations and Rules or arising from the principles of natural justice). Where the breach is of a fundamental nature, the breach may of itself give rise to an award of moral damages, not in any punitive sense for the fact of the breach having occurred, but rather by virtue of...

The UNDT reviewed the procedure followed by the ASG/OHRM to reach her decision to close the complaint, and found that although the Chief, JMS, did not follow the correct procedure of consulting with the UN Medical Director about the request for the Applicant not to attend work, it was open to the ASG/OHRM to conclude that the conduct of the Chief, JMS, did not warrant any disciplinary or administrative action. Indeed, the Tribunal considered that the Chief, JMS, faced a complex situation, which included the Applicant¡¯s illness and the potential for disrupting patients of the JMS clinic. The...

Announcement of NYGSCAC composition The Tribunal notes that ST/IC/2011/17 (Membership of the New York General Service Classification Appeals Committee) was issued by the ASG/OHRM on 7 June 2011, on the same day that the NYGSCAC issued its report.The Applicants¡¯ right to be informed of the composition of the NYGSCAC in a timely manner was not respected. Moreover, the NYGSCAC, as an appellate body, must have impartial members to ensure the fairness of the review, and the appellants must have the possibility to request the replacement of any member, including the chairperson, if any of them are...

She was charged with having ¡°1. Engaged in the unlawful use of government-issued customs passbooks ¡­ of two international staff members to purchase duty-free items; 2. Failed to transfer the ownership of, and pay the government tax for, a duty-free car [she] purchased from an international staff member, and [having driven it] with diplomatic license plates for at least three years; 3. Falsified the signature of ¡­ the former Deputy Representative, UNHCR Office, Bangladesh, on a Bill of Sale on UNHCR letterhead dated 6 June 2010; and 4. Acted improperly when, on six occasions, [she] purchased...

The Tribunal found that the Applicant had discharged the burden of proof in showing that her separation from the Organization was motivated by extraneous factors and improper motives. Extraneous factors ¨C There was increased animosity between the Applicant and her various supervisors both in Bor and later when she was transferred to Wau. Consequently, the Tribunal found that bias against the Applicant existed on the part of UNMISS management. Due Process/ Procedural flaw ¨C The responsible officials at the mission all defied the procedures provided for by ST/AI/371 for dealing with reports of...

Compensation for delayed placement on roster of pre-approved candidates: Although the Applicant was not selected for the post, the delay in the selection exercise had a direct impact on him because, had this exercise been finished sooner, the Applicant would have been placed on the roster of pre-approved candidates earlier, which would have opened up additional employment opportunities that would have been available to him as a roster candidate. The UNDT found that the Applicant was given full and fair consideration in the selection process. However, the UNDT found that the selection exercise...

Interpretation of art. 10.4 of the Statute of the Dispute Tribunal - The question arises whether the Tribunal should seek and obtain the concurrence of the Secretary-General before correcting a procedural error in the decision making process of the ABCC or the Secretary-General himself. The Tribunal in the circumstances of the present case is not prepared to allow its power of judicial review to be circumscribed by art. 10.4. It is not deemed that the concurrence of the Secretary-General is necessary to take the appropriate remedial measure if this is found to be necessary. The Secretary...

The Tribunal found that the Applicant¡¯s fixed-term appointment was not renewed because contrary to its claims, the UNMIL Administration did not follow proper procedures in determining whether he should be reassigned to the new D-1 position in the office of the D/SRSG Rule of Law. The Tribunal also found that the Applicant was not given full and fair consideration for the new D-1 position in the office of the D/SRSG Rule of Law and that the guidance provided in the Secretary-General¡¯s report and the counsel of the General Assembly were ignored. Due process ¨C No comparative review or any review...

UNDT noted that notifying the Assistant Secretary-General of the Office of Human Resource Management, in a case where authority to issue a reprimand has been delegated, is not required. Even if it was, its omission could not have had any impact on the validity of the impugned decision. The Applicant had not been properly given the opportunity to comment on the facts and circumstances prior to the issuance of a written or oral reprimand, thus his right to respond embodied by staff rule 10.2(c) was not observed. The facts relevant for the decision were not established to the required standard...

Due process rights: Disciplinary proceedings are of an administrative and not of a criminal nature, hence criminal law procedures do not apply. The Applicant¡¯s due process rights are contained in the relevant administrative issuances, under which rights such as the right to counsel and to be informed about the charges against him do only apply as of the moment the disciplinary procedure is initiated (charge letter), but not at the stage of the preliminary investigation. The right to cross examine witnesses does not apply at any stage of the administrative procedure, but only once the case is...