2012-UNAT-192

2012-UNAT-192, Akyeampong

UNAT Held or UNDT Pronouncements

UNAT considered appeals from both the Secretary-General and M Akyeampong on the issue of whether Ms Akyeampong could be denied a promotion on account of the two reprimands. UNAT held that the two reprimands had not been an obstacle to Ms Akyeampong filling a D-1 position or being recommended for a promotion. Moreover, UNAT held that the presence of the two reprimands had not debarred her from being promoted during the 2009 annual promotion session. UNAT allowed Ms Akyeampong’s appeal in part, rescinded the impugned decision and dismissed the Secretary-General’s appeal, with Judge Weinberg de Roca dissenting.

Decision Contested or Judgment/Order Appealed

Ms Akyeampong contested the decision to not promote her. UNDT found that the High Commissioner committed a procedural irregularity in the promotion session. UNDT rescinded the contested decision and ordered compensation as an alternative to the rescission. UNDT rejected Ms Akyeampong’s claim for material damages. UNDT rejected Ms Akyeampong’s claim for moral damages, finding that Ms Akyeampong had no chance of being promoted even if no irregularity had occurred.

Legal Principle(s)

A reprimand is not an adverse entry like an entry relating to sanction post-disciplinary proceedings. A reprimand is recorded in the staff member’s file to serve as a reminder and should the staff member commit misconduct again, the Administration may administer a harsher sanction.

Outcome

Appeal dismissed on merits; Appeal granted in part

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Full Judgment

Applicants/Appellants

Akyeampong

Entity

Case Number(s)

Tribunal

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