UNDT/2016/058

UNDT/2016/058, Haroun

UNAT Held or UNDT Pronouncements

UNDT held that the conduct of the Acting Chief of Mission Support and the Applicant’s direct supervisor constituted an abuse of authority in their treatment of the Applicant. Given the gross injustice meted out to the Applicant by her managers, UNDT awarded her compensation representing twelve months' net base salary. UNDT awarded the Applicant three months’ net base salary as moral damages. UNDT awarded the Applicant USD5,000 for the unfair treatment at the hands of her managers. UNDT noted that the two managers literally destroyed the Applicant’s career and made decisions in clear breach of their duties as managers. UNDT held that they either deliberately ignored or feigned ignorance of the pertinent principles governing the role of a manager or supervisor contained in the 2014 Standards of Conduct for the International Civil Service. UNDT directed the Registry to serve a copy of the Judgment on the Secretary-General and the Under-Secretary-General for Field Support so that their attention would be drawn to the conduct of these staff members under their charge.

Accountability referral: pursuant to art. 10.8 of its Statute, the Tribunal referred to the Secretary-General and the Under-Secretary-General for Field Support, the Acting Chief of Mission Support (UNAMI) and the Applicant's direct supervisor, to draw their attention to the conduct of the two staff members referred for accountability.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to laterally reassign her to the Supply Section of UNAMI.

Legal Principle(s)

The discretion to reassign a staff member is not unfettered. Among other requirements, it must be exercised in the best interests of the Organization. There is no requirement that a staff member should consent to a transfer or reassignment. However the staff member should be consulted in good faith about the proposed transfer and the position where the staff member is being moved must be commensurate with the skills, qualifications and experience of that staff member.

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

Judgment No. UNDT/2016/058 was vacated to the extent that it awarded compensation for damage to career prospects.

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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

Haroun

Entity

Case Number(s)

Tribunal

Registry :