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The former staff member was placed on Administrative Leave Without Pay (ALWOP) pending the conclusion of an investigation into him for misconduct. At the time that the decision-maker considered extending the ALWOP period, only a Draft Office of Internal Oversight Services (OIOS) Report was available.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erroneously and definitively substituted its own determination of the facts for that of the Administration. It erroneously admitted after-the-fact independent forensic reports as relevant to the reliability of the evidence cited by OIOS, when these reports were not...

The Tribunal found that the decision to place the Applicant on ALWP was lawful, reasonable and proportionate, and that the SRSG reasonably exercised his authority to protect the work of the fact-finding panel (pursuant to sec. 11.3(b) of ST/AI/2017/1) and to avoid any prejudice to the interests and reputation of the Organization (pursuant to sec. 11.3(c) of ST/AI/2017/1). The Applicant failed to discharge the burden of establishing that the contested decision was arbitrary or capricious, motivated by prejudice or other extraneous factors, or was flawed by procedural irregularity or error of...

The Tribunal found that the use of the investigation report was not subject to the confidentiality agreement between the parties; it was an autonomous document, which was lawfully used in court. The decision did not constitute a disciplinary measure. It was taken pending the completion of the disciplinary process and was without prejudice to the Applicant¡¯s rights. More than one circumstance warranting the placement of the staff member on ALWP occurred. The Applicant could be dismissed or separated from service with the United Nations for breach of the duty of trust and confidence, in...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT properly dismissed the Appellant¡¯s claims in relation to the non-renewal of his appointment and his reassignment as not receivable as they were time-barred. On the cancellation of his administrative leave, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found that there was no adverse decision affecting his conditions of employment. Ä¢¹½ÊÓƵAT held that the decision to terminate the administrative leave and not to pursue disciplinary action was not an administrative decision in that it did not have any adverse legal consequences or impact for the Appellant. Ä¢¹½ÊÓƵAT held that the decision to...

Ä¢¹½ÊÓƵDT found the application materially receivable as it concerned a decision that was appropriately the subject of judicial review. Ä¢¹½ÊÓƵDT found that the decision to reassign the Applicant rather than place her on administrative leave, was taken balancing her best interest with those of the Organization. These reasons were supported by evidence. The Tribunal further held that the Applicant failed to meet her burden of proving any improper motive, irregularity or unlawfulness on the part of the Respondent in the decision to re-assign her duties. Ä¢¹½ÊÓƵDT therefore held that the presumption of...