UNDT/2013/026 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2013/026, Nogueira

UNAT Held or UNDT Pronouncements

An “effective remedy” under ST/SGB/2008/5: The Tribunal concluded that the Administration is obliged to provide an effective remedy where a complaint of harassment under ST/SGB/2008/5 is substantiated. The breadth of possible remedies that may be granted includes, but is not limited to, monetary compensation, rescission and injunctive or protective measures.

Decision Contested or Judgment Appealed

The Applicant is contesting the administrative decisions by OHRM to merely thank him and to simply take administrative action against his supervisor after an investigation panel had substantiated his complaints of harassment. He submitted that while the Contested Decision recognised that his supervisor had violated United Nations rules, it did not address his professional and personal losses resulting from the abuse and harassment perpetrated against him. He also submitted that there should have been more concrete action by the Administration against his supervisor and that the harassment suffered by him should have been addressed or remedied appropriately.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The Tribunal ordered the Respondent to pay the Applicant USD25,000 as compensation for the violation of his right to be free from harassment at the workplace

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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

Nogueira

Entity

UNEP

Case Number(s)

UNDT/NBI/2009/072

Tribunal

UNDT

Registry Location :

Nairobi