����AV

The UNDT drew an adverse inference from the Respondent’s failure to disclose the reasons to the UNDT and declared that the contested decision was arbitrary, capricious, and therefore unlawful. The UNDT further found that the Administration breached its obligation to disclose the reasons for the contested decision to the Applicant. The UNDT ordered (i) compensation in the amount equivalent to six months’ net base salary and entitlements at the P-5 grade, VI step, with retroactive interest, for actual economic loss suffered, and (ii) USD8,000 as compensation for emotional distress. Applicable...

UNDT found that there was no evidence before the Tribunal that would suggest that the Chief, FASB, did not follow any of the applicable rules in denying the Applicant’s request in reliance upon MSD’s recommendation. The fact that the Applicant had not been provided with a reason as to why the treating physicians opinions were not accepted is not at issue in the present case and does not of itself impugn the integrity of the decision. UNFPA’s reliance on MSD’s recommendation was not improper nor was it an impermissible option for the manager to take within the ambit of his responsibilities.The...

The Tribunal found that the Administration violated the rights of the Applicant by not including the PAD cycle year 2009 when making the termination decision in July 2010. The Tribunal ordered the rescission of the contested decision and compensation for material damage equivalent to the loss of salary until her early retirement date on 1 May 2011. When terminating a contract for unsatisfactory service, the PAD reports to be taken into consideration must be the ones immediately preceding the non-renewal decision, so the PAD cycle years 2007, 2008, and 2009 for a termination decision made in...

Background for the examination of the issues in this case

The Tribunal found that the wayin which the Office of Audit and Investigation Services (“OAIS”) conducted its investigation clearly led to great unfairness to the Applicant given the circumstances of this case.

Financial loss to UNFPA

Since a pivotal part of the scope of the investigation was to establish financial loss to the Organization and or financial benefit to the Applicant as a result of the UNFPA leases, it was surprising for the Tribunal to note that there was no certain finding of the actual financial loss that UNFPA...