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The Secretary-General’s appeal and Mr Cabrera’s cross-appeal centred on the issue of whether placing a staff member on SLWFP violates their due process rights. UNAT noted that, in this case, UNDT created a new class of special leave, where the staff member was actually suspended with full pay. UNAT did not agree with the Secretary-General’s contention that UNDT erred in concluding that the Office of Internal Oversight Services’ investigation was not a preliminary investigation, as Mr Cabrera was put on leave using all the reasons under which he could be suspended. UNAT found that UNDT...

The Tribunal found that both the decision to remove the applicant from her post and the decision to place her on SLWFP constituted a proper exercise of the Secretary-General’s discretion pursuant to former staff regulation 1.2 (c) and former staff rule 105.2 (a), respectively. However, the Tribunal also considered that keeping the applicant on SLWFP for four years and four months breached staff rule 105.2 (a), as it did not serve the interests of the Organization. The Tribunal further found that this breach had caused the applicant moral injury for which she should be compensated. Disguised...

Placement on SLWFP: The Tribunal held that there was ample evidence that the underlying rationale behind the placement of the Applicant on SLWFP related to misconduct and as such, his suspension cannot be justified under former staff rule 105.2(a)(i) since the Respondent did not have the requisite authority to place him on SLWFP in the context of an investigation. The Tribunal concluded that the Respondent’s placement of the Applicant on SLWFP was in actuality a suspension from service pursuant to former staff rule 110.2 and section 6 of ST/AI/371. Due Process: The Tribunal held that the scope...