AV

UNDT/2022/032

UNDT/2022/032, Kavosh

UNAT Held or UNDT Pronouncements

The rationale for imposing such an extraordinary administrative measure in matters of ALWOP concerning sexual misconduct is twofold, firstly to act as a deterrent for staff members from engaging in sexual exploitation and abuse and secondly, to protect the interests of the Organization by upholding its integrity and reputation. Any decision to extend ALWOP must be reasonable and proportionate. A decision to extend ALWOP is a drastic administrative measure and normally should be of short duration. In determining whether an extension of ALWOP is lawful, the Tribunal shall be guided by factors such as, the circumstances of the case, including any practical challenges at the duty station, the nature of the allegations, the complexity of the investigation and the need to follow due process. The Tribunal declined the Applicant's motion for anonymity on the ground that the purpose of confidentiality is to protect victims of misconduct. The Applicant had not shown that he was a victim of misconduct. 

Decision Contested or Judgment/Order Appealed

The Applicant filed an application seeking rescission of the decision to place him on administrative leave without pay (“ALWOP”) from 17 February 2021, reinstatement of full pay from 17 February 2021, or in the alternative, partial pay from 17 February 2021, and moral damages. In his revised application dated 2 March 2022, he described the contested decision as “imposition of [ALWOP], later amended to Administrative Leave with Partial Pay, (ALWPP)” 

Legal Principle(s)

Pursuant to art. 8.1(c) of the UNDT Statute, the Tribunal has jurisdiction to hear and pass judgment on the Respondent’s decisions to place the Applicant on ALWOP.

Outcome
Dismissed on merits
Outcome Extra Text

 

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants
Kavosh
Entity
Case Number(s)
Tribunal
Registry :
Date of Judgement
Judge(s)
Language of Judgment
Issuance Type