2015-UNAT-586

2015-UNAT-586, Alobwede

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr Alobwede. UNAT held that UNDT erred in law and exceeded its jurisdiction in substituting its own opinion for that of the ICTR Registrar regarding the contested conduct. UNAT held that the adverse effect on Mr Alobwede was not supported by evidence. UNAT held that the ICTR Registrar’s decision was lawful, and UNDT erred in finding that it was not, as well as in its consequent award of moral damages for the substantive breach of ST/SGB/2008/5. UNAT held that UNDT erred in the level of award. UNAT held that the Secretary-General’s acknowledgement of the undue delay and his award of USD 1,000 was sufficient recompense for the injury caused by the delay. UNAT vacated UNDT’s finding that Mr Alobwede was subject to harassment and its consequent award of moral damages. UNAT affirmed the UNDT judgment on the issue of delay, save that the compensation for the delay was reduced to USD 1,000 as previously awarded by the Secretary-General.

Decision Contested or Judgment Appealed

Mr Alobwede submitted an application alleging the failure of management to address his complaint of harassment and abuse of authority in a timely manner; and challenging the decision by the ICTR Registrar to close his complaint based on the conclusion that the conduct did not constitute harassment or abuse of authority. UNDT granted the application in part and awarded compensation in the total amount of USD 5,000 for the excessive delay and the resultant embarrassment and humiliation (less the award of USD 1. 000 which had already been awarded following management evaluation) and an addition USD 10,000 for moral damages.

Legal Principle(s)

Left deliberately blank

Outcome

Appeal granted

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

Full Judgment

Applicants/ Appellants

Alobwede

Entity

ICTR

Case Number(s)

2014-681

Tribunal

UNAT

Registry Location :

New York