蘑菇视频AT Held or 蘑菇视频DT Pronouncements
蘑菇视频AT held that there was no provision in the Staff Regulations or Rules stating that the Secretary-General’s discretionary authority to issue a written reprimand as a non-disciplinary measure pursuant to Staff Rule 10.2(b) (i) was predicated upon and limited to the existence of an ongoing employment contract. 蘑菇视频AT found that to hold otherwise would render baseless those standards of conduct that survive active service. In addition, 蘑菇视频AT held that, from a practical perspective, it would stymie the Secretary-General’s ability and discretionary authority to properly manage investigations and discipline staff. 蘑菇视频AT held that the Secretary-General’s authority to administer the Organisation’s records, including those of former staff members, and to ensure they reflect the staff member’s performance and conduct during his or her period of employment, did not lapse upon the staff member’s separation from service. Therefore, 蘑菇视频AT granted the appeal and vacated the 蘑菇视频DT judgment in part with respect to this holding and 蘑菇视频DT’s order to remove the reprimand from the former staff member’s Official Status File.
Decision Contested or Judgment/Order Appealed
A former staff member contested the decision to place a written letter of reprimand in his Official Status File, requesting rescission. 蘑菇视频DT found that it was unlawful for the Secretary-General to issue a written reprimand in connection with a former staff member’s conduct while employed.
Legal Principle(s)
Imposition of non-disciplinary measure on former staff member is within the Secretary-General’s discretion and lawful.