AF PARTNERS
ILOAT/UNAT/UNDT Judgments
Below is an inexhaustive list of cases that the AF Partners team has litigated on behalf of its clients
ILOAT/TAOIT
KH v ITU
ARBITRARY CONVERSION OF SUSPENSION WITH PAY TO WITHOUT PAY--OVERTURNED AND SUBSTANTIAL DAMAGES AWARDED: Case where senior ITU official was suspended with pay for on account of alleged misconduct; ITU arbitrarily converted the suspension to one without pay. ILOAT found the conversion illegal and ordered ITU to pay the staff member retroactively all salary and emoluments due from the date of conversion with interest. He was also awarded CF 15,000 in moral damages and CHF 8,000 in legal fees. ILOAT Judgment N°. 4515
KH#2 v ITU
FAILURE OF ITU TO INVESTIGATE HARASSMENT CLAIMS AGAINST SENIOR OFFICIAL--INVESTIGATION ORDERED AND COSTS AWARDED: Case where senior ITU staff member alleged harassment on behalf of his elected supervisor; ITU failed to promptly investigate pursuant to its service order then in effect and dismissed claim. ILOAT found applicable service order required ITU SG to initiate an investigation within 3 weeks of receiving complaint. Tribunal sent it back to ITU ordering it to investigate the harassment within 60 days. Staff member was awarded CHF 7,000 in legal fees. ILOAT Judgment N°. 4516.
AM v ITU
STAFF MEMBER FALSELY ACCUSED OF HARASSMENT; CONTRACT ALLOWED TO EXPIRE AND SEPARATED FROM SERVICE WITHOUT INVESTIGATION. OVERTURNED WITH DAMAGES AWARDED: Complainant was wrongly accused of harassment by a colleague. Instead of investigating complaint, ITU halted a post-selection in which Complainant was leading candidate, and allowed his contract to expire, separating him from service. In its judgment, the ILOAT found the uninvestigated allegations were not sufficient grounds to halt the selection nor a proper basis to allow his contract to expire without conducting an investigation. The Tribunal awarded him 2 years of salary and benefits, moral damages of CHF 10,000, and legal fees of CHF 8000--ILOAT Judgment N°. 4518.
SN v UNAIDS/WHO
SENIOR UNAIDS OFFICIAL FOUND TO HAVE MOBBED D1 DIRECT REPORT; DAMAGES AWARDED: Complainant was mobbed by Dep Executive Director of UNAIDS, but WHO IOS failed to substantiate any harassment despite multiple examples of same. WHO GBA rubber-stamped IOS finding, so staff member appealed to the ILOAT. The Tribunal confirmed the mobbing and awarded client CHF 50,000 in moral damages and CHF 8000 in legal fees. ILOAT Judgment N°. 4241. The Complainant had brought a companion case challenging the decision to reassign her to a post in Africa that UNAIDS knew she could not accept for family reasons, which refusal led to her ultimate separation from service. The Tribunal found that decision also to be illegal and awarded her CHF 10,000 in moral damages and CHF 8000 in legal fees--ILOAT Judgment N°. 4240. The Complainant's appeal against her irregular separation from service is still pending before the ILOAT AND IS SCHEDULED TO BE DECIDED IN FALL 2022 ILOAT JUDGMENT SESSION.
MB v UPU
JN v. UPU
TERMINATION OF SENIOR OFFICIALS AFTER POST ABOLITION QUASHED WITH AWARD OF SUBSTANTIAL DAMAGES: Companion cases where two senior UPU officials, both having 5 years left on their permanent contracts, had their posts irregularly abolished due to the personal pique of the UPU DG. The Tribunal found that the abolitions were illusory, but failed to reinstate both staff members. Instead, UPU was ordered to pay each 2.5 years of salary and benefits, plus CHF 30,000 in moral damages, and CHF 7,000 in legal fees ILOAT Judgments N°. 3929 and 3930. Shortly after the issuance of such judgments, UPU announced its intention to withdraw from the jurisdiction of the ILOAT and to join the UNDT/UNAT.
WIPO Staff Council v WIPO
INTERFERENCE WITH RIGHTS OF ASSOCIATION: Case where former WIPO DG irregularly interpreted WIPO Staff Regulation to allow all WIPO staff to vote in Staff Council elections, in contradiction of 58 years of established practice at WIPO. The Tribunal found the DG's actions were an 'abuse of power', and interfered with the Complainants' right of association. It awarded the Complainants collectively CHF 8000 in legal fees, and set aside the Staff Council elections conducted by the WIPO Administration in 2017. ILOAT Judgment N°. 4155.
RG & 14 Others v WIPO
QUASHING OF GENEVA SALARY ADJUSTMENT REDUCTION: Complainants contested the reduction of the Geneva post adjustment by the ICSC of 5-7%. The Tribunal found the ICSC process flawed, and quashed the reduction retroactively with interest at the rate of 5% per annum, and collectively awarded the 15 complainants legal fees of CHF 8,000--ILOAT Judgment N°. 4138.
M-K.A. v WMO
SUMMARY DISMISSAL FOR ALLEGED FINANCIAL IMPROPRIETY OVERTURNED WITH REINSTATEMENT AND PAYMENT OF SUBSTANTIAL DAMAGES: Complainant was summarily dismissed for alleged fraud. The Tribunal found the disciplinary process grossly flawed, quashed the termination and ordered his reinstatement along with retroactive payment of some 3 years of back salary, CHF 20,000 in moral damages and CHF 7,000 in legal fees --ILOAT Judgment N°. 3348 . WMO attempted to withhold an amount from the back salary equal to unemployment insurance he had received subsequent to termination, forcing the Complainant to seek execution of the judgment. The Tribunal further held that such unemployment payments were not 'salary' that should have reduced the judgment award, and ordered WMO to reimburse such withheld amounts (CHF 80,035) plus interest of CHF 27,000, and legal fees of CHF 7000-- ILOAT Judgment N°. 3723. Shortly after the issuance of the foregoing judgments, WMO withdrew from the jurisdiction of the ILOAT and subscribed to the UNDT/UNAT.
EH #24 v EPO
SUMMARY DISMISSAL OF STAFF UNION OFFICIAL FOR UNION DUTIES QUASHED AND DAMAGES PAID: The Complainant was a long-serving permanent contract holder at EPO and a senior official in the Staff Union. She was summarily dismissed on trumped up charges relating to her staff union activities. The Tribunal found the dismissal flawed and remanded the case to EPO for a new decision, and awarded the Complainant CHF 20,000 in moral damages, and CHF 7,000 in legal fees-- ILOAT Judgment N°.4047. .
IB#4 v EPO
SUMMARY DISMISSAL OF STAFF UNION PRESIDENT FOR UNION ACTIVITIES--DISMISSAL OVERTURED WITH REINSTATEMENT AND DAMAGES AWARDED: The Complainant was a long-serving permanent contract holder at EPO and the Chairman of the Munich EPO Staff Union. He was summarily dismissed on trumped-up charges relating to his staff union activities. The Tribunal found the dismissal flawed and ordered his immediate reinstatement to his former post with reimbursement retroactively of all salary and benefits he would have received had he not been summarily dismissed, with interest on all awarded amounts at 5% per annum, , and awarded the Complainant CHF 30,000 in moral damages, and CHF 8,000 in legal fees--ILOAT Judgment N°. 4043.
MW#13 v EPO
DEMOTION OF STAFF UNION OFFICIAL FOR UNON DUTIES OVERTURNED AND DAMAGES AWARDED: The Complainant was a long-serving permanent contract holder at EPO and the Treasurer of the Munich EPO Staff Union. She was downgraded by one-grade and two steps on trumped-up charges relating to her staff union activities, similar to the charges in Case N° 4043. The Tribunal found the disciplinary process flawed and ordered the immediate restoration to her former grade and step retroactively with reimbursement of all salary and benefits she would have received at her former grade, with interest on all awarded amounts at 5% per annum, and awarded the Complainant CHF 25,000 in moral damages, and CHF 8,000 in legal fees--ILOAT Judgment N°. 4042.
RdV v WMO
WHISTLEBLOWER/INTERNAL AUDITOR SUMMARILY DISMISSED FOR INVESTIGATION WMO SG--DISMISSAL OVERTURNED AND SUBSTANTIAL DAMAGES AWARDED: Complainant was the chief internal auditor at WMO and was summarily dismissed for pursuing potential claims of impropriety on the part of the then newly elected SG and others relating to a USD$3 million embezzlement/vote buying scheme at WMO. The Tribunal found the disciplinary process grossly flawed, quashed the termination and ordered the retroactive payment of 7 months of back salary and all terminal emoluments due to her, CHF 190,000 for exemplary, material and moral damages and CHF 25,000 in legal fees --ILOAT Judgment N°. 2861 .
The amounts awarded in this and a companion case were reported to have been the highest amounts granted in any ILOAT judgments until then--(click for case). A subsequent judgment against the Global Fund was reported to have exceeded that, amounting to more than $1 million, paid to the former TGF Inspector General.
DG #1 and 2 v ITU
RIGHT TO APPEAL IS FUNDAMENTAL. HEAD OF HR TRANSFERRED TO POST WITH NO DUTIES IN RETALIATION FOR HIS REFUSAL TO WITHDRAW APPEAL AGAINST ITU SG: The Complainant was a long-serving senior official ITU and the Chief of Personnel. When the ITU SG refused to honor a condition of the Complainant's secondment to ITU, he filed an internal appeal. The SG ordered him to withdraw his appeal, and if he didn't he threatened to remove him from his post. When the Complainant refused, the SG transferred him to the post of 'Senior Advisor' with little or no duties. He eventually appealed to the ILOAT which awarded the Complainant CHF 10,000 in damages for ITU failing to extend the Complainant's contract through his retirement date, CHF 25,000 in moral damages, CHF 25,000 in exemplary damages for the retaliatory nature of the decision (the first time the ILOAT ordered 'exemplary damages') and the SG's attempt to interfere with the Complainant's fundamental right of appeal and CHF 10,000 in legal fees-- ILOAT Judgment N°. 2540.
Upon issuance of the Judgment, the ITU SG published a defamatory statement about the Complainant and Judgment to all ITU staff, and so the Complainant sought further damages for such injury. The ILOAT awarded the Complainant CHF 20,000 in moral damages for the defamation, CHF 10,000 in exemplary damages for ITU again interfering with the Complainant's right of appeal, and CHF 2,000 in legal fees. It also ordered the ITU SG to circulate the Judgment internally at ITU--ILOAT Judgment N°. 2720.
AB v WHO
PROCEDURAL PROTECTIONS FOR INT CIV SERVS ACCUSED OF MISCONDUCT--SUMMARY DISMISSAL--REINSTATEMENT AND SUBSTANTIAL DAMAGES AWARDED: This case is probably the most seminal in ILOAT jurisprudence involving serious misconduct charges--it codified the principles that an accused staff member is presumed innocent, that the staff member does not have to prove his or her own innocence, that the accused must be given the benefit of the doubt, and that the applicable standard of proof is proof beyond a reasonable doubt, even if such principles are not set out in an IO's staff rules. In this case, Complainant was summarily dismissed for alleged financial impropriety. The Tribunal found the disciplinary process was terribly flawed and quashed the termination, ordering his reinstatement with full retroactive effect and payment of all back salary and benefits, plus moral damages of $30,000 legal fees of CHF 25,000, and interest on all amounts awarded at 8% per annum--ILOAT Judgment N°. 2475.
DAD v WIPO
SUMMARY DISMISSAL FOR ALLEGED MISCONDUCT--DECISION OVERTURNED AND SUBSTANTIAL DAMAGES AWARDED: The Complainant was summarily dismissed for having contraband material on his WIPO phone and computer which charges were just a pretext to expel him from the organisation due to the personal pique of the then DG. The Tribunal found the disciplinary process flawed, and set aside the termination, ordering WIPO to pay the Complainant all salary and benefits (approximately CHF 240,000) that he was deprived of, and ordered WIPO to take a new disciplinary sanction. The ILOAT also awarded the Complainant CHF 2,000 in legal fees--ILOAT Judgment N°. 2288.
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WIPO again summarily dismissed the Complainant after curing the one defect the Tribunal relied on in its Judgment N°. 2288 to overturn the termination, but none of the myriad other procedural defects cited in Judgment N°. 2288. In his second appeal to the ILOAT, the Tribunal refused to look into the other gross defects, and dismissed the case--ILOAT Judgment N°. 2555.
PT v ITU
ALLEGED MISCONDUCT--ASSAULT OF SG--SUMMARY DISMISSAL--OVERTURNED AND SUBSTANTIAL DAMAGES AWARDED: Complainant was summarily dismissed after allegedly assaulting the ITU SG in his office. The Tribunal found the assault allegations to be patently false, and the disciplinary procedure grossly irregular, quashing the termination. Because the Complainant was on a fixed-term contract, the Tribunal did not reinstate him, but instead ordered that he be paid material and moral damages of nearly CHF 400,000, as well as additional moral damages of CHF 25,000., legal fees of CHF 12,000 and interest on all amounts awarded at the rate of 8% per annum --ILOAT Judgment N°. 2892. .
AJ v UNAIDS/WHO
NON-RENEWAL OF FIXED TERM CONTRACT; TERMINATION; OVERTURNED AND DAMAGES AWARDED: The Complainant was the holder of a fixed-term contract at UNAIDS. His post was abolished and he was separated from service. THE ILOAT found that the reassignment process that UNAIDS had implemented after a large reorganisation was fatally flawed, and found that it had denied the staff member a valuable career opportunity. Instead of reinstating the Complainant, the Tribunal awarded him CHF 60,000 in material damages for lost wages, CHF 10,000 in moral damages, and CHF 8,000 for legal fees--ILOAT judgment N°. 4305 .
KS v WHO
BEST EVIDENCE RULE; ENFORCEMENT OF DG'S PROMISE: In this case, the staff member personally negotiated a settlement with the then Director General of WHO when he was not appointed to a post he had been promised, in order to avoid an appeal. The DG agreed to grant the Complainant three things in exchange for not appealing his non-appointment. The Complainant immediately made a note for the record of the conversation with the DG and the 3 things he had agreed to grant the Complainant. When the DG only granted the staff member two of the three things he had promised and refused to grant the final item, he appealed. The ILOAT ordered WHO to grant him the last thing the DG promised, 3-step increments at grade P5, and awarded him CHF 7,500 in legal fees. Most importantly the Tribunal held: "While the Director-General may communicate within the Organization through others acting on his behalf, the best evidence available must be offered in proceedings before the Tribunal. In this instance, it would have been direct denial by the Director-General himself." As the DG never personally denied the promise to the Complainant, the Tribunal found in favor of the staff member --ILOAT Judgment N°. 1781 .
CA v WTO
ALLEGED MISCONDUCT OUTSIDE WTO--SUMMARY DISMISSAL--OVERTURNED: The Complainant was summarily dismissed for having committed alleged serious misconduct. The Tribunal found the sanction of summary dismissal was not proportionate to the alleged conduct as it may have been related to his medical condition which the WTO did not consider, and set aside the termination, awarding the Complainant €12,000 in moral damages and €4,000 in legal fees, and ordering the WTO to take a new reasoned decision--ILOAT Judgment N°. 3602 .
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UNDT/UNAT/UNAdT
CWW v UNOPS
ABOLITION OF POST--SEPARATION--OVERTURNED: Case where senior UN official who was executive director of a small programme being run under the auspices of UNOPS was forced to reapply for his post after a reorganisation of the programme and the abolition of his post, for which post he was not selected, and then separated from service. The UNDT found the decision not to renew the staff member's fixed term appointment for 2 years was irregular, and ordered his reinstatement, or UNOPS to pay him 27 months of his net based D2 salary plus moral damages of $5,000--UNDT Judgment N°. 2020-054.
MB v UNHCR
SEXUAL HARASSMENT CHARGE-- DISMISSAL--OVERTURNED AND DAMAGES AWARDED: UNHCR staff member on fixed term appointment was accused of sexually harassing a colleague during an offsite retreat which he vehemently denied. After a trial in which the staff member and alleged victim and several other witnesses were cross-examined, the UNDT found the charges unsubstantiated and rescinded the separation decision, and awarded the staff member six (6) months of salary and benefits--see UNDT/2017/051 . UNHCR appealed the Judgment to the UNAT which overturned it despite holding no hearing with witnesses, having no access to a transcript of the witness testimonies, and without oral argumen
Applicant v UNHCR
SEXUAL HARASSMENT-- SUMMARY DISMISSAL--OVERTURNED AND DAMAGES AWARDED: UNHCR staff member on permanent appointment was accused of sexually harassing several colleagues which charges he vehemently denied. After a three-day trial in which the staff member, alleged victims, and 9 other witnesses were heard and cross-examined, the UNDT found the charges unsubstantiated (as a result of an incompetent investigation) and rescinded the separation decision, and awarded the staff member 2.5 years of salary and benefits--see UNDT/2011/54 . UNHCR appealed the Judgment to the UNAT which overturned it despite holding no hearing with witnesses, having no access to a transcript of the witness testimonies, and without oral argument.
IZ v UN
SELECTION COMPETITION--APPOINTMENT DENIED DUE TO NOT ENOUGH FEMALE CANDIDATES--CONFIRMATION OF AFFIRMATIVE ACTION PRACTICE AT UN (IN VIOLATION OF UN CHARTER): Long-serving UN official applied for a highly technical D1 post at UNCTAD. Despite Appellant being found after completion of the selection competition to have been the most qualified candidate, UN canceled the selection competition because not enough female candidates had applied. He appealed to the UNAT which dismissed the appeal, essentially finding that contrary to the provisions of the UN Charter, the UN may apply an 'affirmative action' policy to discriminate against men in selection competitions--see Judgment N°. 2022-UNAT--1252 .
FL v UNHCR
FAILURE TO ASSIGN DUTIES FOR 4 YEARS; DISGUISED DISCIPLINARY SANCTION: UNHCR country representative was removed from her post and UNHCR failed to assign the staff member to any duties for some 4 years which she suspected was a disguised disciplinary sanction. The UNDT staff member was awarded $15,000 as moral damages. See UNDT/2010/172 .
AR v. WMO
MISCONDUCT--SEPARATION--OVERTURNED: Case where senior WMO official was dismissed for alleged misconduct which he vehemently contested. The WMO internal appeal board simply rubber-stamped the SG's decision. In the interim, WMO switched its membership from the ILAT to the UNAT. Staff member appealed the decision to UNAT which found the internal appeal board proceedings to have been tainted by procedural irregularity. The UNAT ordered the case remanded to the UNDT which subsequently found the dismissal unlawful (UNDT/2021/154)--see Judgment N°. 2019-UNAT-952 .
AA v UN
REVISION OF JUDGMENT FOR PAYMENT OF INTEREST ON JUDGMENT AMOUNT--Complainant was unlawfully separated from service, and the UNDT found her separation unlawful, and awarded her two (2) years net-based salary. The UN in its calculation used the salary scale in effect when she was separated, not then in effect. The Appellant appealed the amounts paid and also demanded interest on the payment. The UNAT ordered that she be paid interest on the prior amounts awarded of nearly three (3) years at the US prime rate-- UNAT Judgment N°. 2011-UNAT--162 .
SC v UNICEF
VICTIM OF HARASSMENT--FAILURE TO PROPERLY INVESTIGATE: Complainant was harassed by her supervisor, and also suffered institutional harassment while working for UNICEF in Pakistan. UNICEF failed or refused to diligently investigate the harassment complaints, and also committed a procedural irregularity in conducting the investigation including failing to interview the complainant. The UNDT overturned the decision to dismiss her harassment complaints and ordered UNICEF to conduct a new investigation. The UNDT refused to award the complainant any moral damages.
UNDT Judgment N°. UNDT/2021/016
DCV v UN
SERVICE INCURRED DEATH--BREACH OF DUTY OF CARE--MALICIOUS ACTS POLICY: Case brought by the wife (also a UN staff member) of a UN staff member sent on a secret reconnaissance mission to Eastern Congo on behalf of the UN Security Council to determine if Rwandan genocidaires were still in charge of Eastern Congo in the late '90s--substantial UN relief funds were to be released to Congo based on his report. A day after his arrival, the staff member was discovered dead in his hotel room. Although his death was made to look like a suicide, he had likely been murdered in order to prevent his report to the UN. The UN relief funds were shortly released thereafter. The UN treated the death as a suicide and failed to diligently investigate the evidence that he had in fact been murdered. As a result of such lack of diligence, the UN' s Malicious Acts Insurance broker refused to pay the staff member's family the $500,000 policy as a result of his service-incurred death. The UN's Administrative Tribunal found the UN had breached its duty of care and awarded the staff member's family $250,000. British solicitor Andrew Grainger was lead counsel in the case --UNAd T Judgment N°. 2388 of 2008 .
BC V UNHCR
FAILURE TO ASSIGN DUTIES FOR 3 YEARS; DISGUISED DISCIPLINARY SANCTION: UNHCR country representative's post was downgraded from grade D-1 to P-5; as a result he was told to leave post as a junior staff member was assigned to his post. UNHCR failed to assign the staff members to any duties for some 3 years which he suspected was a disguised disciplinary sanction. The staff member was awarded 6 months of next base salary as moral damages. He appealed seeking an assignment to a post commensurate with his grade, training, skills and experience. While the UNAdT found the transfer to be a disguised disciplinary sanction, it refused to increase the compensation awarded for moral damages or to extend the staff member's appointment. See UNAdT Judgment N°. 1411 of 2008 .
Applicant v UNHCR
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L v UNHCR
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