Ģ��ƵDT/2015/039

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Ģ��ƵDT found that her first complaint was filed almost nine months after her separation, whereas Ģ��ƵFPA Policy on Harassment, Sexual Harassment and Abuse of Authority requires that such complaints be filed within 6 months from the date of the last incident. Additionally, the Tribunal found that as per said Policy, the Applicant had no legal standing to file formal complaints at the time she did so in view that she had been previously separated from service. As a result, the application was rejected.

Decision Contested or Judgment/Order Appealed

The Applicant appealed the lack of action by the Office of Audit and Investigation Services (��OAIS��) at Ģ��ƵFPA on her complaints of improper behavior, harassment and abuse of authority.

Legal Principle(s)

Legal standing: Pursuant to sec. 9.3.1. of the 2013 Ģ��ƵFPA policy on Harassment, Sexual Harassment and Abuse of Authority, a formal complaint can only be filed by Ģ��ƵFPA staff members or individual independent contractors, and has to be submitted within six months from the date of the last incident. Therefore, OAIS inaction on a complaint filed nearly nine months after the complainant��s separation from Ģ��ƵFPA does not result in any breach of his or her rights.

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 Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT 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.

Applicants/Appellants

Nielsen

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement