����AV

Promulgation of MONUSCO Administrative Instruction No. 2013/15: The Tribunal observed that MONUSCO Administrative Instruction No. 2013/15 is of general application to the extent that it applies to all MONUSCO personnel but it was not expressly issued for the implementation of any specific rules or ST/SGBs. However, it does not meet the requirements of ST/SGB/2009/4. Accordingly, the Tribunal held that the lack of promulgation of the AI does not of itself render the impugned decision null and void. Withdrawal of the Applicant’s driving privileges: The Tribunal found that MONUSCO Administrative Instruction No. 2013/15 was the only source of the Administration’s authority to withdraw or suspend a driver’s permit at MONUSCO. The corrective measures in the AI are for specific traffic violations and for causing accidents or incidents. The Administration did not identify the Applicant’s breach of any of the infractions listed in the AI to justify withdrawal of his driver’s permit. Additionally, the Tribunal found that the memorandum advising the Applicant of the suspension of his driver’s permit had all the characteristics of a punitive measure. Its subject was “Driver’s conduct”. It referred to administrative actions for continued unjustified absence from the workplace and it referred to a breach of United Nations Rules and Regulations although it did not specify which of these had been breached. Lastly, it purported to impose a measure derived from the list of corrective measures in MONUSCO Administrative Instruction No. 2013/15.