UNDT/2017/009, Lahoud
UNAT Held or UNDT Pronouncements
The Respondent withdrew from the impugned decision to change the Applicant’s functional title from Team Assistant to Language Assistant. Accordingly, the claim was moot at the time of the filing of the application and therefore not receivable. With respect to the decision to remove the Applicant’s responsibility for the Litani magazine the Tribunal found that this claim was not the subject of management evaluation and therefore not receivability. With respect to the Applicant’s reassignment, the Tribunal noted that the impugned decision entailed a change in the Applicant’s place, her supervisor and the nature of her duties. Further, the Applicant had alleged there was harassment and retaliation. Thus, there was a decision capable of being reviewed for compliance with the terms of her appointment. The Applicant’s claim for reversal of this decision was irreceivable because she had separated form service. The Tribunal found that the only receivable claim in the application was the Applicant’s claim for compensation for the alleged harm caused by the decision to re-assign her from the J1 Branch to the LSU Office. The Tribunal concluded however that the Applicant’s claim for compensation could not succeed because the Administration had not exceeded its discretion. The impugned decision did not violate the terms of the Applicant’s appointment and she had not met her burden of proving her allegations of harassment.
Decision Contested or Judgment/Order Appealed
Removal of responsibility for the Litani magazine from her to the UNFIL Public Information Office attempted change in her functional title from Team Assistant to Language Assistant and reassignment from the Office of the Chief Military Personnel Officer (J1 Branch) to the office of the Chief LSU.
Legal Principle(s)
Non-implementation of a decision renders an application moot insofar as either the matter is resolved in a manner consistent with the thrust of the application, e.g., the Administration withdrew from the decision or the claim was otherwise satisfied to the effect there is no gravamen on the part of the applicant, or the claim cannot be satisfied for objective reasons. The application does not automatically become moot in relation to a claim for compensation. If an administrative decision related to the terms of appointment or the contract of employment constituted in itself an act of harassment, discrimination or abuse of authority, such decision would not be removed from the UNDT competence solely because it bears characteristics of harassment, discrimination or abuse of authority. Furthermore, given that every United Nations staff member has the right to work in an environment free from discrimination, harassment and abuse (ST/SGB/2008/5, section 2.1) such a decision could readily be challenged as contradicting the terms of appointment or the contract of employment.
Outcome
Outcome Extra Text
The Tribunal concluded that the Applicant’s challenge against the decisions to remove her functions and the attempted change in her functional title were not receivable and that the reassignment decision lacked merit.