UNDT/2012/201, Haydar
The UNDT found that the Respondent had failed to fully comply with his obligations under ST/SGB/2008/5 with respect to the Applicant’s complaints and that the Respondent had violated the Applicant’s rights by not promptly providing her with a summary of findings and conclusions and by not investigating allegations of misconduct that impacted on her. Action to be taken under sec 5.14 of ST/SGB/2008/5: Depending on the circumstances of the case, section 5.14 may have two elements that must be satisfied by the Organization. The first component of section 5.14 is the review and assessment of the complaint. The second component, which calls for the Responsible Official to “promptly” appoint a fact finding panel to investigate the allegations contained in the complaint, comes into play if the Responsible Official finds after the assessment that the complaint appears to have been made in good faith and that there are sufficient grounds to warrant a formal fact-finding investigation. Release of investigation reports: Section 5.18(a) of ST/SGB/2008/5 does not expressly state that the alleged offender and the aggrieved individual should be provided with copies of the investigation report. Whether or not the Administration should provide an alleged offender and/or the aggrieved individual with a copy of an investigation report after a case is closed under section 5.18 is a decision that should be taken on a case by case basis after the totality of the circumstances have been taken into consideration.
The Applicant appealed the decision to not take action against staff members who had made allegations of prohibited conduct against her after the allegations were deemed unsubstantiated. She also appealed the Respondent’s failure to take prompt action on her complaints of prohibited conduct.
N/A