����AV

UNDT found that the applicant had standing in both cases and that the appeals were not time-barred. UNDT found that the Organisation did not violate the applicant’s rights when it decided that the provisions of ST/SGB/2005/21 were not directly applicable to him. UNDT found that the applicant’s complaint of retaliation was adequately and objectively examined by the investigation panel and by the Director Ethics Office, who agreed that no retaliation had taken place. Thus, the applicant received appropriate recourse. However, UNDT found that the applicant’s rights were violated when the investigation panel issued its report and made adverse findings against regarding the applicant’s credibility, trustworthiness and integrity without making him aware of its concerns and providing him with the opportunity to comment on these adverse findings and provide his explanations. UNDT ordered the respondent to pay compensation in the amount of 14 months’ net base salary as compensation for violation of the applicant’s due process rights, damage to his career prospects and professional reputation, and emotional distress. In addition, UNDT ordered that USD5,000 be paid to the applicant for the respondent’s failure to consider the Ethics Office’s recommendation of compensation. Outcome: The Ethics Policy Case (UNDT/NY/2009/089) was dismissed. In the Compensation Case (UNDT/NY/2009/075/JAB/2009/032), the respondent was ordered to pay 14 months’ net base salary as compensation for violation of the applicant’s due process rights, damage to his career prospects and professional reputation, and emotional distress, as well as USD5,000 for the failure to consider the Ethics Office’s recommendation of compensation.