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The Ä¢¹½ÊÓƵAT held that the former staff member¡¯s challenge was to a recommendation of the Alternate Chair of the Ethics Panel, and as an ethics recommendation, it was not an administrative decision subject to judicial review. Thus, the Ä¢¹½ÊÓƵDT correctly dismissed this part of the application as not receivable.

The Ä¢¹½ÊÓƵAT further found that the Administration¡¯s rejection of the March 2020 Alternate Chair¡¯s report and recommendation could not have been understood by the Ethics Office to be a request to conduct a new review. The Ä¢¹½ÊÓƵAT observed that the evidence before the Ä¢¹½ÊÓƵDT was that the decision was...

Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that OIOS operates under the ¡°authority¡± of the Secretary-General but has ¡°operational independence¡±. Ä¢¹½ÊÓƵAT 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. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT also has no jurisdiction to do so, as it can only review the Secretary-General¡¯s administrative decisions. Ä¢¹½ÊÓƵAT, 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...

Ä¢¹½ÊÓƵAT first considered the receivability of the appeal and held that it was receivable, pursuant to Article 2(1) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT further held that the Ethics Office is limited to making recommendations, which are not administrative decisions subject to judicial review, to the Administration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT made no error in dismissing the applications on the ground that the Ethics Office matters were not administrative decisions subject to judicial review. Ä¢¹½ÊÓƵAT acknowledged that the Ethics Office failed in its duty to make a recommendation pursuant to Section 5.7 of ST/SGB/2005/21...

Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT finding that it lacked jurisdiction in respect of the staff member¡¯s application to review the determination of the Second Alternate Chair. Ä¢¹½ÊÓƵAT noted that the subject matter jurisdiction of Ä¢¹½ÊÓƵDT is limited to the review of administrative decisions. The determinations of the Second Alternate Chair do not constitute administrative decisions, and as such, any application to review them before the Ä¢¹½ÊÓƵDT is not receivable. Ä¢¹½ÊÓƵAT highlighted that ST/SGB/2017/2/Rev.1 confers on the Ethics Office only the power to recommend, advise and refer, and Section 10.3 of ST/SGB/2017/2/...