UNDT/2014/118 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2014/118, Birya

UNAT Held or UNDT Pronouncements

While the delay in the investigation process in this case constituted a breach of the requirements of promptness in ST/SGB/2005/8, the investigation of the Applicant’s complaint of prohibited conduct was ongoing as opposed to making no progress at all. The Respondent’s submission provided the Applicant with a full explanation of the reasons for the delays, which UNDT held was a sufficient remedy in all the circumstances. Moral Damages - Not every breach will give rise to an award of moral damages as a result of a breach of the procedural due process entitlements and that other entitlement to moral damages will necessarily depend on the nature of the evidence put before the Dispute Tribunal.

Decision Contested or Judgment Appealed

The Applicant contested the delay in commencement of a fact-finding exercise by a panel set up by the Director-General of the United Nations Office at Nairobi (UNON), pursuant to ST/SGB/2008/5 (Prohibition of discrimination, harassment, and abuse of authority), to investigate his complaint and the panel’s failure to make a determination and/or publish its report.

Legal Principle(s)

Not every breach will give rise to an award of damages as a result of a breach of the procedural due process entitlements and that other entitlement to moral damages will necessarily depend on the nature of the evidence put before UNDT.

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

No compensation was ordered.

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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

Birya

Entity

UNON

Case Number(s)

UNDT/NBI/2014/30

Tribunal

UNDT

Registry Location :

Nairobi