2015-UNAT-518

2015-UNAT-518, Oummih

UNAT Held or UNDT Pronouncements

UNAT held that UNDT erred in concluding that the refusal by the former Executive Director to open an investigation into all the allegations raised violated ST/SGB/2008/5. UNAT held that the Administration has a degree of discretion as to how to conduct a review and assessment of a complaint and may decide whether to undertake a fact-finding investigation into all or some of the allegations. UNAT affirmed UNDT’s conclusion that the former Executive Director did not comply with ST/SGB/2008/5 by hiring two consultants from outside the Organisation to conduct the investigation. Under ST/SGB/2008/5, the responsible official must entrust the fact-finding investigation to a panel of two persons from the department who are trained for that purpose or, if that is not possible, appoint two persons from the roster maintained for that purpose by OHRM. UNAT remanded the matter to the former Executive Director to establish a new fact-finding panel in accordance with ST/SGB/2008/5. However, UNAT determined that the staff member had not experienced any inordinate delay regarding the handling of her complaint which would merit the award of damages and vacated UNDT’s award of CHF8,000 in moral damages.

Decision Contested or Judgment Appealed

The Applicant contested the refusal by the former Executive Director of OAJ to open an investigation into all the allegations of harassment and abuse of authority she alleged had been committed by her supervisor and one of her former colleagues. UNDT determined that the refusal by the former Executive Director to open an investigation into all the allegations violated ST/SGB/2008/5. UNDT determined that the former Executive Director had failed to comply with ST/SGB/2008/5 by hiring two consultants from outside the Organisation to conduct the investigation. UNDT ordered that the contested decision be rescinded and ordered the Administration to pay the staff member CHF 8,000 as moral damages.

Legal Principle(s)

The Administration has a degree of discretion as to how to conduct a review and assessment of complaints filed under ST/SGB/2008/5 and may decide whether to undertake a fact-finding investigation into all or some of the allegations. The investigation must be conducted by a panel of two persons from the department who received the internal investigation training provided by OIOS or, if that is not possible, from the roster maintained for that purpose by OHRM.

Outcome

Appeal granted in part

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

Full Judgment

Applicants/ Appellants

Oummih

Entity

OAJ

Case Number(s)

2014-592

Tribunal

UNAT

Registry Location :

New York