UNDT/2023/048

UNDT/2023/048, Guimaraes

UNAT Held or UNDT Pronouncements

The Respondent shall pay to the Applicant damages equivalent to three months’ net base salary at the P-3 level. The compensation shall bear interest at the United States of America prime rate with effect from the date this Judgment becomes executable until payment of said compensation. An additional five per cent shall be applied to the United States of America prime rate 60 days from the date the Judgment becomes executable.

Decision Contested or Judgment/Order Appealed

Decision to remove the Applicant from the position of Chief of Joint Movement Coordination Centre and to reassign her as Bonded Warehouse Supervisor within the MONUSCO Logistics Base in Régie des Voies Aériennes.

Legal Principle(s)

The paramount consideration in the appointment, transfer or promotion of the staff shall be the necessity of securing the highest standards of efficiency, competence and integrity.

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The Tribunal, considering that the reassignment was, on the one hand, a final step of a pattern of actions taken in a situation of conflict of interest and, on the other side, was in itself invalid as coming from a conflicted manager accused of serious misconduct, is also satisfied that in the situation the contested decision objectively affected not only the Applicant’s professional reputation and health, but also the Applicant’s dignity.

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

Guimaraes

Entity

Case Number(s)

Tribunal

Registry :

Date of Judgement