UNDT/2022/032, Kavosh
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.
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)”
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.