51ÁÔÆæ

In view of the informal resolution of the dispute and the withdrawal of the application, there is no longer any matter for adjudication before the Dispute Tribunal and the case is closed.

The Tribunal rescinds the decision to summarily dismiss the Applicant and Orders: the reinstatement of the Applicant; that the Applicant be paid her salaries and entitlements from the date of her summary dismissal to the date of this judgment with interest at 8%; that the Applicant be compensated for the breach of her right to due process at the rate of two months net base salary; that compensation be fixed, should the Secretary-General decide in the interest of the Administration not to perform the obligation to reinstate the Applicant, at two years¡¯ net base salary at the rate in effect on...

The application was withdrawn by the Applicant.

The application was withdrawn by the Applicant after the parties reached an agreement.

The application was withdrawn by the Applicant.

Having considered the parties¡¯ submissions on the matter of the appropriate relief for the Applicant, the Tribunal: (i) Orders rescission of the decision to summarily dismiss the Applicant; (ii) Orders the Respondent to reinstate the Applicant; (iii) Orders the Respondent to make good the Applicant¡¯s lost earnings from the date of his summary dismissal to the date of his reinstatement with interest at 8% less US$ 2,600 per month for the said period; (iv) Orders that the Applicant be served a written reprimand to be filed in his Official Status File for the reasons cited at paragraph 8.1 (iii)...

Outcome: Appeal upheld. Decision held to be a breach of staff regulation 2.1 and the principle of equal pay for work of equal value. Respondent ordered to pay compensation of the difference in salary, allowances and other entitlements between the applicant¡¯s current level and the level at which she should have been classified since the date she made her request. Respondent ordered to pay compensation for non-material damage due to frustration and humiliation compounded by delays at six months¡¯ net base salary.

The application was withdrawn by the Applicant in light of a settlement agreement.

The more serious an allegation against a staff member and attendant sanction, the higher the degree of proof required. Establishing criminal liability in investigations and judicial proceedings even in the context of a civil matter such as this must necessarily require that a standard higher than the ordinary one of a balance of probabilities must be attained. The OIOS Investigations Manual requires that investigators approach matters with an ¡°open mind¡± and emphasises that their task is to ¡°establish facts¡± and draw ¡°reasonable conclusions¡± from those facts. It is a ¡°dispassionate...

Break in service: The Tribunal has not found a policy on mandatory breaks in service and no document has been produced recording it. The respondent has failed to demonstrate a consistent application of the practice of enforced separation between temporary contracts. Further, there was a deliberate delay in progressing the appointment of the applicant which was to her detriment. Compensation: The applicant is to be placed in the position as if there had been no such break in service in May 2008. The manner in which the applicant was treated, aggravated by the exercise of an abuse of power...