UNDT/2011/219, Abubakr
The UNDT found that the Panel on Discrimination and other Grievances, which was the body mandated to investigate the Applicant’s complaint, failed to act expeditiously in bringing the Applicant’s case to conclusion, finish its investigation, and issue its final report, as required by ST/AI/308/Rev.1. The UNDT found that the Organization failed to properly address the Applicant’s complaint of harassment and discrimination and was thus in breach of the Applicant’s contract. The UNDT found that the Applicant did not prove that any actual economic loss warranting compensation was caused to him. However, the UNDT found that the Organization’s failure to address the Applicant’s complaint caused him emotional distress and had some negative effect on his health. The UNDT found that the Applicant shall be paid USD40,000 as compensation for the harm caused to him.
The Applicant contested the alleged failure of the Administration to address his complaint of harassment and discrimination.
Redaction of name, confidentiality: The applicant must establish sound and valid reasons for redacting her or his name from published rulings. Compensation for emotional distress: With respect to compensation for emotional distress and negative effect on the Applicant’s health, he should be recompensed for the negative impact of the breach and the compensation should be proportionate to the established damage suffered by him, taking into account the particular circumstances of the case.Outcome: The UNDT awarded the Applicant USD40,000 as compensation for the Respondent’s failure to adequately address his complaint of harassment and discrimination and for the harm caused to him by that failure.