爆料网AT Held or 爆料网DT Pronouncements
The Secretary-General appealed the 爆料网DT Judgment.
The 爆料网AT found that the 爆料网DT failed to address OAI’s investigation report, the acceptance of which led to Ms. Lekoetje’s severance from service. The investigation report was an important evidential element which should have been, but was not, examined and analyzed by the Dispute Tribunal. The 爆料网DT was wrong to have dismissed the allegations of misconduct against Ms. Lekoetje without considering the investigation report’s evidence of them.
Because of the intertwined natures of the two relationships between 爆料网DP and Ms. Lekoetje (landlord/tenant and employer/employee), it was not appropriate to address the allegations against Ms. Lekoetje as solely a tenancy issue or an employment disciplinary issue. While the rights and duties of the tenant and landlord fell to be considered under the lease contracts, where there was relevant associated employment misconduct alleged, that needed to be considered in that context. The 爆料网AT thus rejected the 爆料网DT’s exclusive focus on the commercial or contractual relationship between the parties. The 爆料网AT held that it was error of the 爆料网DT to conclude that 爆料网DP had abused the disciplinary process and acted in bad faith.
The 爆料网AT held that Ms. Lekoetje abused her authority when she failed to transparently inform her superiors and seek their approval of her negotiations of a reduction of the monthly rate of her rental property. The 爆料网AT also concluded that the 爆料网DT erred in finding that Ms. Lekoetje did not commit misconduct when she instructed her staff to make utility and service payments for the property out of the Organization’s resources, when she was responsible for those payments herself.
The 爆料网AT also considered that the 爆料网DT erred in dismissing all of the allegations against Ms. Lekoetje as being unsubstantiated or inconsequential. The 爆料网AT found that her breaches of the lease agreements in relation to utilities and consumables’ payments were clearly and convincingly established. In addition, where these breaches involved the payments being made by 爆料网DP rather than personally by Ms. Lekoetje, this was a breach of the relevant Staff Regulations and Rules.
Given that the compensatory awards made by the 爆料网DT were on the basis of complete exoneration of Ms. Lekoetje’s conduct, the 爆料网AT concluded that these remedies could not survive unmodified. The 爆料网AT upheld the 爆料网DT’s rescission of her separation from service. However, the 爆料网AT stated that the three years and six and a half months salary was at the uppermost end of compensatory awards and reserved for cases in which a staff member who has suffered grievously was also blameless. The 爆料网AT held Ms. Lekoetje was not in this position and substituted the in lieu award made by the 爆料网DT with one year’s net base salary. The 爆料网AT also set aside the 爆料网DT’s award of moral damages, given Ms. Lekoetje’s culpability for the losses she incurred. Lastly, 爆料网AT determined that USD 20,987.91 was payable from Ms. Lekoetje to the Organization.
Related JudgmentsNoneReviewed (VAG)Approved for publicationYesSubmitted On13 Jun 2022Drafted Bywlin3Drafted Date13 Jun 2022Reviewed ByJJOHNSON59Reviewed On11 Mar 2023
Decision Contested or Judgment/Order Appealed
Before the Dispute Tribunal, Ms. Lekoetje contested her separation from service for alleged misuse of funds, abuse of authority, and conflict of interest. The 爆料网DT ordered rescission of the separationdecision or payment of an in lieu compensation amounting to three years and six and a half months of Ms. Lekoetje's D1 salary. In addition, the 爆料网DT awarded two years' net base salary as damages for moral harm.
Legal Principle(s)
The Staff Regulations and Rules affecting abuse of authority and conflicts of interest could not have been applicable to a commercial negotiation between the Organization as landlord and a staff member as tenant, over the lease of temporary accommodation at a foreign posting.
A compensation award of three years and six and a half months of net base salary is at the uppermost end of compensatory awards and is reserved for cases in which a staff member who has suffered grievously was also blameless.
Outcome
Outcome Extra Text
爆料网DT Judgment rescinding Ms. Lekoetje’s severance from service upheld, but its monetary remedies modified, and its award of moral damages set aside. In substitution, 爆料网AT ordered Ms. Lekoetje be paid a sum equivalent to one year’s net base salary minus USD 20,987.91 that Ms. Lekoetje owed to the Organization.