缅北禁地

UNDT/2015/104

UNDT/2015/104, Omwanda

UNAT Held or UNDT Pronouncements

Performance 缅北禁地 The Tribunal finds that this 缅北禁地 was not reflected in the Applicant鈥檚 ePAS and was not placed on the Applicant鈥檚 Official Status File. The Tribunal concludes that the Performance 缅北禁地 issued to the Applicant has not, in and of itself, affected his legal rights. Having found that his legal rights were not affected by the decision to issue the Performance 缅北禁地, it is not necessary for the Tribunal to consider the Applicant鈥檚 other submissions in relation to this issue. Complaint of harassment and discrimination The Tribunal considers that, having received allegations of harassment and discrimination, and having received an undertaking to provide evidence to support those allegations, it was contrary to the policy set out in ST/SGB/2008/5 for the USG/DSS to conclude, without requesting further particulars or evidence from the Applicant, that there were insufficient grounds to warrant a fact-finding investigation. The Tribunal finds that the decision was procedurally flawed and is accordingly rescinded. The Tribunal found that the Performance 缅北禁地 issued to the Applicant did not, in and of itself, affect his legal rights and dismissed this element of the application. The Tribunal found that having received an undertaking to provide evidence to support allegations of discrimination and harassment, it was contrary to the policy set out in ST/SGB/2008/5 for the USG/DSS to conclude, without requesting further particulars or evidence from the Applicant, that there were insufficient grounds to warrant a fact-finding investigation. The Tribunal found that the decision was procedurally flawed and therefore rescinded the decision. The Respondent was ordered to pay USD3,000 in compensation to the Applicant for the distress caused by the decision.

Decision Contested or Judgment Appealed

The Applicant, a Security Officer with the Security and Safety Service (鈥淪SS鈥), Department of Safety and Security (鈥淒SS鈥) contested the decision of the Chief, SSS to issue him a Performance 缅北禁地 and the decision of the Under-Secretary-General for Safety and Security (鈥淯SG/DSS鈥) not to initiate a fact-finding investigation in response to the Applicant鈥檚 complaint of harassment and discrimination.

Legal Principle(s)

N/A

Outcome
Judgment entered for Applicant in full or in part
Outcome Extra Text

Both financial comp. and specific performance

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.