UNDT/2014/117 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2014/117, Ivanov

UNAT Held or UNDT Pronouncements

The Tribunal found that the USG/DESA complied with ST/SGB/2008/5 by closing the case and providing the Applicant with a summary of the Investigation Panel’s findings and conclusions. However the applicable mandatory time limits for assessing the complaint, appointing the panel and submitting the final investigation report were not respected. The Applicant is awarded a compensation in the total amount of USD2,300. The Tribunal found that there was no evidence that the Investigation Panel did not gather sufficient evidence or erred in reaching its findings and conclusions presented in the report and the USG/DESA. The Tribunal concluded that the Applicant’s due process rights to have his complaint promptly reviewed and assessed by the responsible official, for an investigation panel to be promptly appointed by the same responsible official after receiving his complaint on harassment, and for the report to be finalized within three months from the submission of the complaint, were violated. The Tribunal therefore partially granted the Applicant’s request for compensation.

Decision Contested or Judgment Appealed

The Applicant contests the decision to take no action on his complaint for defamation and harassment, including not providing him with a copy of the full investigation report.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

Only financial compensation

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.

Full Judgment

Applicants/ Appellants

Ivanov

Entity

DESA

Case Number(s)

UNDT/NY/2013/29

Tribunal

UNDT

Registry Location :

New York