Ä¢¹½ÊÓÆµ

2022-Ä¢¹½ÊÓÆµAT-1220

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.

Outcome

Dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ä¢¹½ÊÓÆµDT Statute and Article 11(3) of the Ä¢¹½ÊÓÆµAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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