UNDT/2011/034, Kamal
The Applicant’s criticism, that staff members with a vested interest in the process because they were unsuccessful in the promotion exercise procured the Staff Union resolution, is not a criticism that should be directed towards the Respondent’s managers, but is rather a matter for the Staff Union. Staff member’s right to a decision in a timely manner: The Respondent’s approach to resolving this matter indicated a lack of urgency and sensitivity towards the legitimate expectations and feelings of the Applicant. Outcome: The UNDT awarded compensation of USD10,000 for emotional distress and anxiety suffered. All other pleas were rejected.
The Applicant filed an appeal concerning the circumstances surrounding her promotion to the P-5 level.
Actions of the Staff Union: Where management receives strong representations from a Staff Union or its Staff Council, they have a duty to take note of any legitimate concerns. Staff members, particularly those who have been recommended for appointment, are entitled to a decision in a timely manner. The Tribunal found that the delay was unconscionable.