UNDT/2020/055

UNDT/2020/055, Da Silveira

UNAT Held or UNDT Pronouncements

The application was dismissed. The Tribunal held that the Applicant’s actions were consistent with a concluded intent not to return to her duty station, no matter the lack of basis. Therefore, the Respondent’s decision to separate her on the ground of abandonment of post was lawful.

Decision Contested or Judgment/Order Appealed

The Applicant contested MONUSCO’s decision to separate her on the ground of abandonment of post.

Legal Principle(s)

The absence of a staff member from his or her work, unless properly authorized, may create a reasonable presumption of intent to separate from the Organization, unless the staff member is able to give satisfactory proof that such absence was involuntary and was caused by forces beyond his or her control.

Outcome

Dismissed on merits

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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

Da Silveira

Entity

Case Number(s)

Tribunal

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