UNDT/2010/112, Buscaglia
The statement of the Executive Director is not an administrative decision that can be contested before UNDT in accordance with article 2 of its Statute. It is not an administrative decision within the meaning of the ruling in Andronov by the former UNAT. Indeed, the applicant did not contest the non-renewal of his appointment but a statement by the Executive Director. This statement is a simple opinion, not an administrative decision that could have affected the applicant’s terms of appointment. By the time the statement was published, the applicant was already aware of the non-renewal of his appointment. The Tribunal however noted the inappropriate nature of the Executive Director’s statement, which compromised two staff members without disciplinary proceedings. Outcome: The application was rejected.
The applicant, a P-4 staff member of UNODC, reported allegations of corruption and mismanagement to OIOS, which conducted an investigation. On 29 October 2003, the applicant was informed that his appointment would not be extended beyond 30 November 2003. On 16 November 2003, the applicant advised UNODC that he would not be able to continue working for UNODC after the end of his contract. On 26 November 2003, OIOS presented its report in a town hall meeting. The report was published with a press release which included the following statement by the Executive Director: “[h]aving carefully reviewed the OIOS’s findings, which clear the UNODC of corruption, the Executive Director has decided that the two employees who raised these unfounded allegations cannot have a future in the Organization”. The applicant contests this statement.
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