UNDT/2009/066, Parker
UNDT preliminarily held that only facts occurred from early 2005 to 7 November 2007 were to be taken into consideration with regard to the allegations of harassment leveled by the Applicant. Consequently, reported actions and decisions dating back to 2004, in particular the non-promotion of the Applicant in 2004, were excluded from the present Judgment. Regarding the remainder of the application, UNDT held that the Applicant failed to provide sufficient evidence to substantiate his allegations that he was subjected to harassment by the Organization and that the latter bore responsibility for having failed to take adequate measures on his harassment allegations. UNDT accordingly rejected the request for compensation.
The Applicant alleged harassment on part of various persons in UNHCR, specially by the Chief, DEHA, related to his non-promotion, which escalated to nonassignment of work to the Applicant, as well as a number of subsequent decisions, namely; advertising his post as Senior Desk Officer without prior notification or consultation in September 2005; discontinuation of his post and lien on 31 March 2006 without prior notification or consultation, being only informed in May 2006; discontinuation of his temporary assignment in May 2006 without any notice or consultation; and belated delivery of his ten-year service recognition certificate, which was found after the office of the Director of the Africa Bureau was cleaned upon his retirement, 15 months after the issuance of the certificate. The Applicant requested compensation.
Every staff member is entitled to be given the opportunity to discharge the duties incumbent on him or her, and this includes being allocated sufficient and appropriate tasks. The burden of providing convincing evidence of harassment, prejudice or any kind of improper motivations rests with the Applicant who alleges so.