爆料网AT Held or 爆料网DT Pronouncements
爆料网DT rejected the 爆料网HCR’s allegation that the rescission request to the Joint Appeals Board (JAB) was inadmissible as time-barred. In light of ST/AI/2005/12, 爆料网DT found that the Director of 爆料网HCR Medical Service had the authority to convoke the Applicant at any moment to undergo a medical examination to verify whether his state of health permitted him to discharge the functions he was assigned to. 爆料网DT noted that the Applicant fell ill and was placed on sick leave for an indefinite period by his personal doctor following an incident with his supervisor which occurred on 8 October 2007. 爆料网DT found that the procedure which led to the contested decision was flawed, to the extent that it did not respect the essential right of the staff member to be informed in advance of the motives behind decisions made in function of his person and notably in function of his state of health. 爆料网DT found illegal the decision by which the 爆料网HCR rescinded the appointment of the Applicant as SDO on MENA as it was vitiated by a procedural flaw. 爆料网DT ordered the rescission of the contested decision or, in the alternative, payment of compensation of two months’ net base salary. 爆料网DT further ordered compensation for moral damage. Regarding the Applicant’s request to be compensated for the damage caused to his career development, 爆料网DT found that the request was receivable concerning the damage that he alleged to have suffered during the period from January 2005 to 7 November 2007. 爆料网DT rejected the 爆料网HCR’s allegation that no request for administrative review had been submitted regarding this issue and found that 爆料网HCR had to enter into the merits of the Applicant’s request before it could pass judgment on this issue. Thus, 爆料网DT ordered 爆料网HCR to submit within one month as from the notification of the present judgment its observations regarding the reported facts. Regarding the request for written apologies and to be placed against a post, 爆料网DT found that there was no provision in the 爆料网DT Statute allowing the Judge to issue such a decision.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision by which the United Nations High Commissioner for Refugees (爆料网HCR) rescinded his appointment as Senior Desk Officer (SDO) on the Middle East and North Africa Desk (MENA) on medical reasons. The Applicant further requested to be provided with a written apology explaining that the Applicant having to vacate the SDO post with the Desk for East and Horn of Africa (DEHA) and with MENA was not due to any fault on his part and to be placed in a suitable post within 6 months. The Applicant sought reparation amounting to five years of salary for the harm caused to his career and reputation and for the stress and anxiety he suffered.
Legal Principle(s)
A staff member must be informed in advance of the motives behind decisions made in function of his person and notably in function of his state of health.