¹ú²úAV

A judgment in which it is decided that the summary dismissal of the Applicant was wrongful calls for a rescission of the said sanction. The Applicant had a reasonable expectation that he would remain in service beyond the date of his wrongful summary dismissal. The Tribunal refuses the request that the Applicant ought to be compensated on a P5 scale and agrees with the Respondent’s argument that such an award would be merely speculative. A summary dismissal is the most severe sanction that the Respondent may impose on a staff member for serious misconduct. Judicial notice is taken of the fact that this sanction when wrongfully imposed will necessarily bring about damage to professional and social reputation, harm to career prospects and stigma. The Tribunal is satisfied that the Applicant's medical condition bears sufficient relevance to stress brought about by the summary dismissal. The Applicant shall be paid a repatriation allowance in the amount normally made by the Organisation. The claim for education grant is refused. In order to make good the position of the Applicant and restore him to the position he ought properly to have been in if the wrongful sanction was not imposed; the Applicant shall be restored to the roster for relevant P5 positions within the Organisation. The Tribunal wishes to call attention to the conduct of some managers who have through recklessness and their lack of the required managerial skills, engaged in actions in their official capacity that not only embarrass the Organisation but bring about heavy cost-implications in the award of monetary compensation.