¹ú²úAV

The Secretary-General’s appeal and Mr Cabrera’s cross-appeal centred on the issue of whether placing a staff member on SLWFP violates their due process rights. UNAT noted that, in this case, UNDT created a new class of special leave, where the staff member was actually suspended with full pay. UNAT did not agree with the Secretary-General’s contention that UNDT erred in concluding that the Office of Internal Oversight Services’ investigation was not a preliminary investigation, as Mr Cabrera was put on leave using all the reasons under which he could be suspended. UNAT found that UNDT correctly held that Mr Cabrera was entitled to all the due process rights listed in paragraphs 6 to 9 of ST/AI/371 and, therefore, he was entitled to compensation for the violation of these rights. UNAT also found that, in Mr Cabrera’s circumstances, justice would be served if compensation was reduced from two years’ net base pay to 10 months’ net base pay with interest on the usual terms. UNAT held that Mr Cabrera’s request for an award of costs was not sustainable. UNAT granted the Secretary-General’s appeal in part and reduced the compensation awarded to Mr Cabrera to 10 months’ net base pay.