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The Tribunal rescinds the decision to terminate the Applicant’s employment and Orders: (i) the Respondent to reinstate the Applicant to a position whose duties she is able to carry out given the impairment she suffers; (ii) Orders the Respondent to make good the Applicant’s lost earnings from the date of termination of her fixed-term appointment to the date of her reinstatement with interest at 8% per month for the said period; (iii) Orders that the Applicant be paid her entitlement to for the period from 28 March 2007 to 31 July 2007 during which period she was entitled to special sick leave...

The Applicant’s fixed term-appointment came to an end as a result of her service-incurred injury. The Applicant’s fixed-term appointment was in fact terminated and it is disingenuous for the Respondent to argue that “it was allowed to run until the end of the term and was not renewed on medical grounds.” The administrative decision not to renew the Applicant’s fixed-term appointment due to the Applicant’s inability to resume her professional activities with ICTR in Arusha was informed by improper motive. The applicable procedural rules that should have been followed by the Respondent in this...

While the delay in the investigation process in this case constituted a breach of the requirements of promptness in ST/SGB/2005/8, the investigation of the Applicant’s complaint of prohibited conduct was ongoing as opposed to making no progress at all. The Respondent’s submission provided the Applicant with a full explanation of the reasons for the delays, which UNDT held was a sufficient remedy in all the circumstances. Moral Damages - Not every breach will give rise to an award of moral damages as a result of a breach of the procedural due process entitlements and that other entitlement to...