2020-UNAT-1030, Applicant
UNAT held that there was no legal basis to conclude that subjecting the Appellant to the managerial or supervisory authority of the director was unlawful. UNAT held that the decision to refuse a proposed restructuring of the line of supervision to accommodate the Appellant rested on rational legitimate concerns about the managerial prerogative, structural coherence, and institutional integrity. UNAT dismissed the appeal and affirmed the UNDT judgment.
After the Applicant had filed a harassment complaint against a director in his office, an investigation found that the evidence was not sufficient to justify the institution of disciplinary proceedings against the director, but merely warranted managerial action. The Applicant contested the Administration’s decision not to relieve the director of any of the director’s managerial or supervisory responsibilities over him.
The power to prescribe the institutional hierarchy and performance standards is an integral part of managerial prerogative and the Administration’s broader right to manage. Tribunals are expected to observe a measure of deference to managerial authority in setting organizational practices, work standards, and reporting lines.