2017-UNAT-720, Haroun
UNAT considered an appeal by the Secretary-General limited to contesting the award by UNDT of three months’ net base salary as compensation for damage to Ms Haroun’s career prospects. UNAT held that UNDT committed an error in law by awarding compensation for damage to career prospects on the basis of Ms Haroun’s separation from service. UNAT noted that the separation from service was the sole ground for awarding compensation for damage to career prospects but that there was no evidence on the record with respect to the exact reasons for separating Ms Haroun from service and the circumstances of such separation. UNAT held that the Secretary-General, in violation of his right to due process and a fair hearing, was not given an opportunity to present his views on the possible reliance of the UNDT on the separation for an award of damages. UNAT granted the Secretary-General’s motion to reject additional evidence related to the separation submitted after closing arguments. UNAT upheld the appeal and vacated the UNDT judgment to the extent that it awarded compensation for damage to career prospects.
Accountability referral: The UNDT referred Mr. Arumugham and Ms. Nandkumar for accountability for having either deliberately ignored or feigned ignorance of the pertinent principles governing the role of a manager or supervisor contained in the 2014 Standards of Conduct for the International Civil Service. The referral for accountability was not appealed and the UNAT did not take a decision on it.
The Applicant contested the decision to reassign her. UNDT held that the decision to reassign her was unlawful. As UNDT had been informed that the Applicant had been separated in the interim (after closing submissions), UNDT awarded compensation.
Adjudication of a case based on information not on the record may violate the other party’s right to due process and a fair hearing.