Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements
Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT did not err when it held that ST/AI/2017 was the governing legal framework applicable to the case. Ä¢¹½ÊÓÆµAT held that joint representation by Ä¢¹½ÊÓÆµ-Women, where the Appellant currently served, and Ä¢¹½ÊÓÆµMIK, where the events in dispute occurred, was justified. Ä¢¹½ÊÓÆµAT held that the circumstances also justified the granting of an opportunity to supplement the initial reply (and a corresponding right to reply). Ä¢¹½ÊÓÆµAT held that, given that the Appellant had not contested the joint representation before Ä¢¹½ÊÓÆµDT at the time and having been afforded the opportunity to answer the supplementary reply, the Appellant was estopped from raising the matter on appeal. Ä¢¹½ÊÓÆµAT held that there had not been a violation of the OIOS Investigations Manual. Ä¢¹½ÊÓÆµAT held that the Appellant¡¯s contention that OIOS failed to provide rules or procedures to govern the case assessment process was baseless. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT was correct to find that the Administration¡¯s response to the Appellant¡¯s request for management evaluation was not a reviewable administrative decision and therefore Ä¢¹½ÊÓÆµDT would not review it. On the Appellant¡¯s claim that there was a procedural irregularity related to the signature and date of completion on the OIOS assessment report, Ä¢¹½ÊÓÆµAT agreed with Ä¢¹½ÊÓÆµDT¡¯s finding that only substantial procedural errors can render the administrative decision unlawful and the Appellant failed to explain how such a mistake affected the contested decision. Ä¢¹½ÊÓÆµAT held that the Appellant failed to show any error in the Ä¢¹½ÊÓÆµDT¡¯s finding that the OIOS decision not to investigate the Appellant¡¯s complaint was reasonable and lawfully taken. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµDT Judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision of the Office of Internal Oversight Services (OIOS) not to launch an investigation into his complaint against another staff member, in which he claimed the staff member of Ä¢¹½ÊÓÆµMIK had made false and malicious allegations against him. Ä¢¹½ÊÓÆµDT rejected the application.
Legal Principle(s)
Only in particular situations, such as a case of serious and reasonable accusation, does a staff member have a right to an investigation against another staff member. OIOS has a broad discretion in the appreciation of the evidence before it.