����AV

The failure to re-interview the subject of an investigation to confront him/her with additional gathered evidence constitutes a breach of his/her due process rights: the contested disciplinary decision is unlawful since it was taken based on the evidence and recommendations of the SIU/UNAMID investigation reports issued in January 2013 and December 2013, even though the SIU/UNAMID continued the investigation and gathered additional evidence from two witnesses in January 2015 and April 2015. The new evidence was never brought to the attention of the Applicant or of the decision-maker before the contested decision was issued and the exonerating evidence was never evaluated and taken into consideration during the investigation and the disciplinary process. The Dispute Tribunal concluded that (a) the application is granted in part, the contested decision to terminate the Applicant’s contract for disciplinary reasons and to separate him from the UNAMID is rescinded, and any references relative to the Applicant’s disciplinary sanction of separation from service are to be removed from his official status file; (b) As an alternative to the rescission of the contested decision, the Respondent is to pay to the Applicant USD5,000; (c) The Respondent is to pay the Applicant the equivalent of his net salary for the period 8 May-30 June 2016 as material damages. Further, the Applicant’s request for reinstatement is rejected since he was separated from service for disciplinary reasons on 8 May 2016 and his fixed-term contract was due to expire on 30 June 2016.