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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 Ä¢¹½ÊÓƵDT 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...

Taking into consideration the Respondent¡¯s response that the internal processes had not yet reached finality, the Tribunal found that it would not be appropriate to consider the matter until such time as all applicable and relevant procedures had been concluded. Consequently, the application was deemed premature and dismissed as irreceivable.

The fact-finding panel established that the allegations were well founded and the conduct in question amounted to possible misconduct. In the circumstances, the mandatory language of section 5.18(c) of ST/SGB/2008/5 required a referral to the ASG/OHRM for disciplinary action in accordance with the applicable disciplinary procedures. Failure to make such a referral on the part of the Head of Mission was an error of procedure which denied the Applicant his contractual right to be afforded the benefit and protection against prohibited conduct in accordance with ST/SGB/2008/5. The Administration...

Ä¢¹½ÊÓƵDT held that the Settlement Agreement was properly before Ä¢¹½ÊÓƵDT for its enforcement. Ä¢¹½ÊÓƵDT noted that there was no special procedure prescribed by the Ä¢¹½ÊÓƵDT Statute or Rules of Procedure or even by any of its Practice Directions for an applicant to bring an application for the enforcement of a Settlement Agreement. Ä¢¹½ÊÓƵDT held that there was bad faith on part of the Respondent in regard to the Settlement Agreement by the non-renewal of the Applicant¡¯s contract. Ä¢¹½ÊÓƵDT found that: a. The MONUSCO Administration exhibited bad faith during the negotiations by not informing the Applicant until after he...