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2020-UNAT-1030

2020-UNAT-1030, Applicant

UNAT Held or UNDT Pronouncements

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.

Decision Contested or Judgment Appealed

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.

Legal Principle(s)

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.

Outcome
Appeal dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

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