UNDT/2023/067

UNDT/2023/067, RIECAN

UNAT Held or UNDT Pronouncements

At the outset, the Tribunal recalled that based on the evidence on record, the Applicant’s main claim to have the contested decision rescinded had been rendered moot by the Applicant’s retirement. Therefore, the matter that remained for adjudication concerned compensation for the financial and moral harm.

In the entirety of the circumstances, the Tribunal concluded that the impugned decision had an improper motive and improper purpose and was therefore, unlawful. The Tribunal further held that based on the aforesaid, it was satisfied that the reassignment decision had a negative impact on the Applicant’s well-being, caused him moral suffering and damage to his health.

In view of the above and taking into consideration the relevant jurisprudence on compensation for non-pecuniary damages, the Tribunal awarded the Applicant an equivalent of five months’ net base salary at the level of his grade and step at the time of his retirement. All other pleas were dismissed.

Decision Contested or Judgment Appealed

The Applicant contested the decision of the Executive Secretary of United Nations Economic and Social Commission for Western Asia to reassign him from the former position that he encumbered as D-1 Chief of Statistics to the position of D-1 Senior Advisor on Innovation and Technology.

Legal Principle(s)

According to staff regulation 1.2(c), staff members are subject to the authority of the Secretary-General and to assignment by him or her to any of the activities of the United Nations.

As per the settled jurisprudence, the reassignment of a staff member’s functions comes within the broad discretion of the Organization to use its resources and personnel as it deems appropriate. However, this discretion is not unfettered and can be declared unlawful.

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The Applicant was awarded an equivalent of five months' net base salary at the level of his grade and step

at the time of his retirement.

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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

RIECAN

Entity

ESCWA

Case Number(s)

UNDT/NBI/2022/026

Tribunal

UNDT

Registry Location :

Nairobi