UNDT/2013/079

UNDT/2013/079, Applicant

UNAT Held or UNDT Pronouncements

Receivability Judgment Appealed: As the Applicant remains a staff member early resolution of this case is essential; the facts concerning the disciplinary case and the non-disciplinary issues of demotion are inextricably linked and all of the claims can be expeditiously heard together; the appeal against receivability will take several months to be resolved and will delay the determination of the disciplinary matter. Finally, the issue of receivability may be raised in an appeal against the final judgment on the merits. Written notice: Apart from the events which intervened, he suffered no break in service and therefore no monetary loss arising from the failure to give written notice. Reprimand: Although a reprimand is not a disciplinary matter it should not be given arbitrarily and must be warranted on the basis of reliable facts. Paternity test condition: The condition that the Applicant should submit to a paternity test before assuming his new duties in Uganda was inappropriate. The imposition of this condition amounted to a sanction on the Applicant which had detrimental consequences for him. It was clear from the letter that if he took the test, arrangements would be made for him to travel. This was an overt form of compulsion. Misconduct: Misconduct takes many forms and degrees. Without doubt violent and abusive behaviour in the workplace falls within the definition of misconduct.

Decision Contested or Judgment/Order Appealed

The Applicant is a medical doctor. On 6 July 2008, he joined the Malawi Country Office as Chief of Health and Nutrition with UNICEF on a fixed-term contract at the P-4 level expiring on 31 December 2011. In addition to his role as Chief of Health and Nutrition he was also the Office Ombudsperson. The Applicant filed two Applications. In Application 1, he challenged the imposition of the disciplinary measures of demotion and a reprimand. In Application 2, he challenged the Organization’s decision to retain him on a P-4 level after he had been selected for a P-5 position in the Uganda office of the United Nations Children’s Fund (UNICEF); his non-selection for a P-5 post in UNICEF Tanzania; the failure to issue him with a written notice of abolition of a post that he held in UNICEF Malawi; and the refusal by the UNICEF Malawi Country Representative to sign his Travel Authorization (TA).

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

UNDT ordered both financial compensation and specific performance.

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Full Judgment

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