UNDT/2018/079, Koduru
The Tribunal concluded that the decision to separate the Applicant was discriminatory, constituted abuse of authority and was therefore unlawful because of the apparent bad faith on the part of the Applicant’s supervisor in initiating and concluding a new recruitment contrary to the Civilian Staffing Review recommendation, and her unauthorized nationalization of the Applicant’s post one year before the approved date. To ensure the Applicant’s continuity of service when decisions are being made about her eligibility for a continuing appointment and after service health insurance, the Tribunal ordered her reinstatement in service for the approximately 7-week period she was separated from service. Additionally, the Applicant was awarded compensation for the earnings she lost between the date she was wrongfully separated from service and the date she was appointed to UNMIL. The Applicant’s testimony was not compelling enough to serve as the evidentiary basis for an award of moral damages under the amended art. 10.5(b) of the UNDT Statute.
The Applicant contested the decision not to renew her fixed-term appointment due to the abolishment of her post.
The Organization has the power to restructure some or all its departments or units by way of abolition of posts, the creation of new posts and the redeployment of staff but “even in a restructuring exercise, like any other administrative decision, the Administration has the duty to act fairly, justly and transparently in dealing with its staff members.” Article 10.5(a) of the UNDT Statute allows the Tribunal to rescind unlawful administrative decisions while art. 10.5(b) regulates awards of compensation. General Assembly resolution 69/203 amended art. 10.5(b) of the UNDT Statute to ensure that compensation is ordered only for harm and that the existence of such harm is proven or supported by adequate evidence.
The decision not to renew the Applicant’s appointment and separate her from service was rescinded. The Respondent was ordered to reinstate the Applicant in service from 1 July to 22 August 2015 and pay her net base salary and entitlements for the period 1 July to 22 August 2015.