2011-Ģ��ƵAT-130

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT affirmed the Ģ��ƵDT judgment. Ģ��ƵAT held that OIOS operates under the ��authority�� of the Secretary-General but has ��operational independence��. Ģ��ƵAT further noted that, insofar as the contents and procedures of an individual report are concerned, the Secretary-General has no power to influence or interfere with OIOS. Ģ��ƵAT held that Ģ��ƵDT also has no jurisdiction to do so, as it can only review the Secretary-General��s administrative decisions. Ģ��ƵAT, however, noted that to the extent that any OIOS decisions are used to affect staff members�� terms or contract of employment, OIOS�� reports may be impugned. For example, an OIOS report might be found to be so flawed that the Administration��s taking disciplinary action based thereon must be set aside. Ģ��ƵAT noted that though Ģ��ƵDT found flaws in the OIOS�� report, no disciplinary action was based upon it since the Administration disregarded OIOS�� recommendation.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to constructively dismiss her. Ģ��ƵDT found that she was not constructively dismissed and that OIOS�� decision, regarding the content of its audit report, was not within its jurisdiction.

Legal Principle(s)

While reports and recommendations made by OIOS do not constitute administrative decisions, an administrative decision that is taken based on an OIOS report or recommendation may be impugned.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Koda

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Case Number(s)

Tribunal

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Date of Judgement