����AV

The Tribunal rescinds the decision to terminate the Applicant’s employment and Orders: (i) the Respondent to reinstate the Applicant to a position whose duties she is able to carry out given the impairment she suffers; (ii) Orders the Respondent to make good the Applicant’s lost earnings from the date of termination of her fixed-term appointment to the date of her reinstatement with interest at 8% per month for the said period; (iii) Orders that the Applicant be paid her entitlement to for the period from 28 March 2007 to 31 July 2007 during which period she was entitled to special sick leave...

According to former staff regulations 9.1 and 9.3, the decision to offer an agreed termination is within the discretion of the Secretary-General. In accordance with the “note on agreed termination”, a guideline used by Administration to ensure equal treatment, the applicant was not in a situation in which the Organization may have considered that an agreed termination was in the interest of the good administration. In fact, his health problems were not grave enough to prevent the proper exercise of his functions in accordance with the recommendations of the Medical Joint Service. Neither did...

The process leading up to the termination decision. A human resources office, such as OHR, has the obligation to ensure that its administrative decisions are taken on a proper factual basis and, if necessary, make the necessary enquiries to ensure this to protect the affected staff member’s rights. OHR failed to inform the Applicant and the relevant medical advisors about the consequences of her being declared disabled by UNSPC and about her possible alternatives. OHR also failed to delay the examination of the Applicant’s case by UNSPC. All these circumstances breached the Applicant’s rights...