2013-UNAT-382, Adewusi
UNAT held that UNDT correctly concluded that the placement of the Appellant on SLWOP enabled him to preserve his pension benefits, granted him the opportunity of remaining a staff member for the purpose of applying as an internal candidate for other positions, and made his relocation possible. UNAT held that there was no abuse of authority or deliberate attempt to harm, as argued by the Appellant, but rather the Organisation adopted a protective approach. Noting that, due to the downsizing exercise related to the Appellant’s post and his reassignment, he was not entitled to SLWFP and his consent was not required for SLWOP, the administrative decision was lawful. UNAT held that whatever relevant harm the Appellant suffered for the delay had already been compensated by UNDT. UNAT dismissed the appeal and affirmed the UNDT judgment.
The Applicant contested a number of decisions, including his placement on Special Leave Without Pay (SLWOP). UNDT found partly for the Applicant, awarding compensation for the delay in informing him of his placement on SLWOP.
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