UNDT/2023/048

UNDT/2023/048, Guimaraes

UNAT Held or UNDT Pronouncements

The Respondent shall pay to the Applicant damages equivalent to three months’ net base salary at the P-3 level. The compensation shall bear interest at the United States of America prime rate with effect from the date this Judgment becomes executable until payment of said compensation. An additional five per cent shall be applied to the United States of America prime rate 60 days from the date the Judgment becomes executable.

Decision Contested or Judgment Appealed

Decision to remove the Applicant from the position of Chief of Joint Movement Coordination Centre and to reassign her as Bonded Warehouse Supervisor within the MONUSCO Logistics Base in Régie des Voies Aériennes.

Legal Principle(s)

The paramount consideration in the appointment, transfer or promotion of the staff shall be the necessity of securing the highest standards of efficiency, competence and integrity.

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The Tribunal, considering that the reassignment was, on the one hand, a final step of a pattern of actions taken in a situation of conflict of interest and, on the other side, was in itself invalid as coming from a conflicted manager accused of serious misconduct, is also satisfied that in the situation the contested decision objectively affected not only the Applicant’s professional reputation and health, but also the Applicant’s dignity.

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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.

Applicants/ Appellants

Guimaraes

Entity

MONUSCO

Case Number(s)

UNDT/NBI/2022/064

Tribunal

UNDT

Registry Location :

Nairobi

Date of Judgment