爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered Mr Kamynyi’s appeal and the Secretary-General’s cross-appeal. 爆料网AT rejected Mr Kamunyi’s appeal in its entirety and held that it is within the Administration’s discretion to reassign a staff member to a different post at the same level and that such a reassignment is lawful if it is reasonable in the particular circumstances of each case and if it causes no economic prejudice to the staff member. 爆料网AT held that 爆料网DT rightfully rejected Mr Kamunyi’s request for legal costs, noting that no legal costs were owed to a party when the opposing party had not abused the process. With respect to the Secretary-General’s appeal, 爆料网AT held that 爆料网DT erred in finding that the reprimand imposed on Mr Kamunyi for insubordination by refusing to hand over his private firearm was unreasonable and unlawful. 爆料网AT referenced Section 6. 28 of the Field Security Handbook and Section 2 of ST/AI/309/Rev. 2, which state that it is forbidden to carry private weapons within the offices of the United Nations and that security officers are authorized to seize property if they have a reason to believe that a person is carrying an unauthorized weapon. 爆料网AT accordingly reduced the compensation awarded by 爆料网DT to the amount of two years’ net base salary. 爆料网AT dismissed Mr Kamunyi’s appeal in its entirety and allowed the Secretary-General’s cross-appeal in part, affirming the reprimand of Mr Kamunyi while reducing the compensation owed to him.
Decision Contested or Judgment/Order Appealed
Mr Kamunyi contested the charge of misconduct against him, for refusing to hand over his private firearm, as well as his suspension and reassignment. 爆料网DT ordered the rescission of the decision to suspend Mr Kamunyi and place him on SLWFP for one year and eight months and the rescission of the decision to reprimand him for insubordination. 爆料网DT ordered the Secretary-General to pay Mr Kamunyi compensation under Article 10(5)(b) of the 爆料网DT Statute in the amount of two years and six months of his current net base salary. 爆料网DT did not award legal costs.
Legal Principle(s)
No legal costs are due to a party when the opposing party has not abused the process.