UNDT/2023/101, Mutombo
The Tribunal established that there was no evidence to support the Administration’s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant’s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.
In light of the Tribunal’s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...