UNDT/2016/094, Dalgamouni
The actions taken by the Chief of the Regional Service Center Entebbe (C/RSCE) towards the Applicant amounted to a clear breach of the authority entrusted to her as C/RSCE. Her conduct fell squarely within the definition contained in ST/SGB/2008/5 which is “the improper use of a position of influence, power or authority against another person”. It was reasonably inferred that the C/RSCE either deliberately or negligently ignored the principles governing the role of a manager or supervisor contained in the 2014 Standards of Conduct for the International Civil Service. The Respondent failed to mitigate the predicament the Applicant was in because of the C/RSCE. The Management Evaluation Unit, for its part, systematically condoned the abusive behavior of the C/RSCE and went so far as to suggest that the physical isolation of the Applicant in an office away from the rest of the team was in the best interests of the Applicant. Abuse of authority can include a one-time incident or a series of incidents. Here, the abuse took the form of a systematic series of actions by the C/RSCE who, to the detriment of the Applicant, did not pay the slightest heed to the Orders of the Tribunal. The actions of the C/RSCE amounted to a breach of the Applicant’s fundamental rights as an employee of the United Nations. This breach was of a fundamental nature, and it caused considerable damage to her health as evidenced by the Applicant’s medical reports. The Tribunal awarded the Applicant 20 months’ net base salary as compensation and referred the Chief, Regional Service Centre in Entebbe, to the Secretary-General pursuant to the provision of art. 10.8 of the Statute of the UNDT.
Accountability referral: pursuant to art. 10.8 of its Statute, the Tribunal referred to the Secretary-General, the Chief, Regional Service Centre in Entebbe, for conducting herself with wanton disregard of the rules and regulations of the Organization.
The Applicant contested the decision to not renew her appointment on the grounds of unsatisfactory performance.
Section 2.2 of ST/SGB/2008/5 enjoins the Organization to take all appropriate measure towards ensuring a harmonious work environment, and to protect its staff from exposure to any form of prohibited conduct, through preventive measures and the provision of effective remedies when prevention has failed. Art. 10.8 of the Statute of the UNDT provides that “The Dispute Tribunal may refer appropriate cases to the Secretary-General of the United Nations or the executive heads of separately administered United Nations funds and programmes for possible action to enforce accountability”. Accountability, therefore, is inherent in managerial practice. It cannot be dissociated from the responsibilities, and power, conferred on a manager whose duty it is to conduct him/herself in accordance with the governing rules and regulations. A manager who acts arbitrarily, is found to be irresponsible or abusive must be called to account for his/her actions. Accountability cannot and should not be equated with disciplinary proceedings. A referral for possible action is not punitive in nature. A referral “for accountability” is, quite simply, a message from the Tribunal to the Secretary-General. It is a mechanism that alerts the Secretary-General to possible improper managerial practice, leaving him to take appropriate action if the circumstances so warrant. While counsel acting for the Secretary-General acts on his instructions, it is important that they are also cognisant of their duties as officers of the court. Legally untenable or duplicitous positions must at all times be scrupulously avoided.
The Applicant was awarded 20 months’ net base salary as compensation.