While the delay in the investigation process in this case constituted a breach of the requirements of promptness in ST/SGB/2005/8, the investigation of the Applicant’s complaint of prohibited conduct was ongoing as opposed to making no progress at all. The Respondent’s submission provided the Applicant with a full explanation of the reasons for the delays, which UNDT held was a sufficient remedy in all the circumstances. Moral Damages - Not every breach will give rise to an award of moral damages as a result of a breach of the procedural due process entitlements and that other entitlement to...

The ST/SGB/2008/5 requirement for the administration to act promptly on complaints of prohibited activity was not observed in the case of the Applicant’s complaint. UNDT required more information on the present state of the process and held that this case was suitable to remand for institution or correction of the required procedure. UNDT suspended the proceedings and orderd the Secretary-General to advise UNDT of the present position of the investivgation into the Applicant’s complaint and whether he concurs with the remand of the case for institution and correction of the procedure under ST...