UNDT/2012/112

UNDT/2012/112, Tsoneva

UNAT Held or UNDT Pronouncements

Obligation to consult the staff member affected by a decision to discontinue his/her post: In view of the importance, for the staff member concerned, of the decision to discontinue his/her post, the Tribunal strictly interprets the procedural obligation to consult the affected staff member.

Decision Contested or Judgment/Order Appealed

The Applicant appealed the decision to discontinue her post in Geneva following a reorganization of her unit. She alleged several procedural irregularities and disputed the appropriateness of the decision. The UNDT found that the decision to discontinue the Applicant’s post was tainted by a substantial procedural flaw as her manager had failed to discuss with her the proposed measure after she was informed in writing that discontinuation of her post was being sought and prior to the decision being taken, as required by the UNHCR applicable legal texts. Without assessing the merits of the contested decision, the UNDT rescinded it and awarded compensation for moral damage in the amount of CHF 2,000.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/Appellants

Tsoneva

Entity

Case Number(s)

Tribunal

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