The UNAT held that the OAI recommendation in its investigation report that disciplinary action should be taken against the staff member did not constitute an administrative decision. Moreover, the recommendation of OAI was not a “decision”. It was an intermediate recommendation and thus did not have a direct, legal or adverse effect. The UNAT found that, likewise, the decision that there was insufficient evidence to charge the staff member with misconduct did not constitute an administrative decision because it did not have an adverse impact on his rights under the contract of employment. The...
OAI Guidelines
Showing 1 - 2 of 2
Definition
Subject matter (ratione materiae)
Investigation
Administrative decision
Jurisdiction / receivability (UNDT or first instance)
Disciplinary matters / misconduct
Disciplinary measure or sanction
Dismissal/separation
Unauthorised outside activities and conflict of interest
Separation from service
Termination of appointment (see also, Termination of appointment)
Termination (of appointment)
Summary dismissal
UNAT considered an appeal by the Secretary-General. UNAT held that it was satisfied that Ms Akello’s involvement in the private company Blessed Seasons, which was on a 山list of companies providing escort vehicle services, met the standard of business activity and enterprise prohibited by former Staff Regulation 1. 2(m) and that her activities amounted to a conflict of interest. UNAT held that, in ruling otherwise, UNDT erred in law and fact and the Secretary-General’s appeal succeeded on that ground. On the issue of whether the very fact that the Internal Affairs Unit investigation, having...