UNAT first dismissed the cross-appeal, finding that although the Administration has the discretion to reassign staff members, such reassignment must be reasonable in the particular circumstances and cause no economic harm to the staff member. It must also respect the procedural and substantive rules of law and must not be arbitrary. UNAT agreed with the UNDT that the reassignment was performance-related and yet the staff member was never allowed the opportunity to address his performance issues prior to being reassigned. Regarding the appeal, UNAT disagreed with the staff member that the UNDT...
Article 9.1(b)
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Compensation
Evidence of harm
In-lieu compensation
Loss of chance
Non-pecuniary (moral) damages
Pecuniary (material) damages
Due process
Right to comment/respond
Performance management
Reassignment or transfer
Discretion
Referral for accountability
Remedies
Compensation (see also, Compensation)
Rescission
Discrimination and other improper motives
Performance management
Rebuttal
Separation from service
Expiration of appointment (see also, Non-renewal)
Referral for accountability
The actions taken by the Chief of the Regional Service Center Entebbe (C/RSCE) towards the Applicant amounted to a clear breach of the authority entrusted to her as C/RSCE. Her conduct fell squarely within the definition contained in ST/SGB/2008/5 which is “the improper use of a position of influence, power or authority against another person”. It was reasonably inferred that the C/RSCE either deliberately or negligently ignored the principles governing the role of a manager or supervisor contained in the 2014 Standards of Conduct for the International Civil Service. The Respondent failed to...