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The UNAT first reviewed the Secretary-General’s claim that the UNDT erred in finding that Mr. Loto’s application was receivable with respect to the entire period for which he was on ALWOP.  The Secretary-General contended that Mr. Loto had timely challenged only an initial ALWOP decision, and not a subsequent decision when the ALWOP was extended.  The UNAT dismissed the Secretary-General’s receivability argument, finding that the Secretary-General was estopped from raising it on appeal.  The UNAT observed that Mr. Loto had filed a request for management evaluation of the second ALWOP decision...

All staff have a right and a duty to report to management any facts that come to their notice which may constitute professional misconduct. The UNHCR Inspector General’s decision not to follow up on the allegations made by the applicant, after an investigation, is an internal measure pertaining to the organization and management of the service which is non- appealable by the staff member who made the allegations, since the alleged misconduct in no way violates the applicant’s rights as derived from his status. In the case at hand, the applicant alleged that his supervisor had wrongly claimed...

The applicant’s supervisor should have recused himself from the Management Review Group (MRG) that reviewed the performance reports to avoid conflict of interest. However, this procedural irregularity was mitigated by the subsequent report of the Rebuttal Panel. Outcome: Respondent to pay the applicant the equivalent of one-month net base salary for suffering and stress.