����AV

UNDT accepted the Applicant’s witnesses’ as evidence as relevant and admissible. The witnesses generally addressed theatmosphere in which the United Nations Interim Security Force for Abyei (UNISFA) staff in Abyei functioned, including the reaction of the principal chiefs of the Dinka tribe to policy changes which they did not like. This raised issues to be considered in assessing the complaints of Complainants 1 and 2. Complainants 1 and 2 did not sign or indicate the veracity of their statements. This failure to authenticate the statements created doubt as to the veracity of the statements provided, especially where they failed to identify the author of the statements or the truthfulness of the statements. UNDT, thus, could not find these witness’ statements to be reliable. UNDT further held that the evidence against the Applicant was not clear and convincing, as required. UNDT held that it is self-evident that any person having to face the kinds of allegations levelled at the Applicant and the disciplinary measure of dismissal would suffer serious damage to his/her reputation, loss of employment and prospect of future employment and deprivation of the personal enjoyment and feeling of fulfilment that would be experienced by an individual working for an organization such as the United Nations or any of the associated agencies. In light of this, UNDT held that the Applicant should be compensated in a manner commensurate with the nature of the damage suffered. UNDT ordered recission of the decision dismissing the Applicant from service with the Organisation and further ordered that failing restatement, the Applilcant should be compensated in lieu of recission with two years’ net base salary.