UNDT/2011/124

UNDT/2011/124, Johnson

UNAT Held or UNDT Pronouncements

The Initial Reprimand. The provisions of ST/AI/292 and the doctrine of audi alteram partem were not observed in that the Applicant was not afforded an opportunity to see and to comment on the reprimand before it was issued for which reason he had no opportunity to comment on it in advance. The Reinstated Reprimand. The Tribunal identified the following difficulties with the Reinstated Reprimand: (1) as with the Initial Reprimand, the Applicant was not permitted to see and to comment on the Reinstated Reprimand in accordance with ST/AI/292; (2) the rules and regulations of the Organization, specifically ST/AT/371, did not allow for the issuance of a reprimand after a misconduct charge has been dismissed; under the specific provisions of ST/AI/371, para. 9, if the facts of a case did not appear to indicate that misconduct had occurred, the Secretary-General was required to close the case immediately, notify the staff member that the charges have been “dropped”, and take “no further action”; and (3) when the Initial Reprimand was issued, the Applicant had a legally-protected expectation that his case was closed, since it would be anomalous, indeed, for legal decisions to be in jeopardy simply because of a change at the highest level of the administration (the Reinstated Reprimand was issued by a new Secretary-General). Outcome: Applicant awarded four months’ net base salary in effect in January 2006.

Decision Contested or Judgment Appealed

Placement on special leave with full pay pending investigation.

Legal Principle(s)

N/A

Outcome
Judgment entered for Applicant in full or in part

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Applicants/ Appellants
Johnson
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type