UNDT/2015/060, Nielsen
The UNDT found that with respect to one of them, Mr. Y., no complaint was ever received by OAIS, and that, hence, the application before the Tribunal was not receivable on that matter as no contestable administrative decision was ever taken with respect to Mr. Y. With regard to the Applicant’s second colleague, Mrs. X., the Tribunal found that an email the Applicant had sent to an UNFPA Human Resources Associate in August 2013 did not meet the formal requirements of a complaint, as it was not addressed to OAIS pursuant to UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (“the Policy”). With respect to the Applicant’s complaint against Mrs. X. sent on 5 June 2014 to OAIS, the Tribunal noted that it was untimely as it had been sent almost eight months after the Applicant’s placement on Special Leave With Full Pay (“SLWFP”) in September 2013, when she stopped being in interaction with Mrs. X, whereas UNFPA Policy provides for a timelimit of six months to file a complaint following the last incident of harassment. The application was therefore rejected in full.
The Applicant appealed an UNFPA decision, issued by its Office of Audit and Investigation Services (“OAIS”), not to review her complaints of alleged misconduct and harassment filed against two of her colleagues.
Requirements for a formal complaint of harassment in UNFPA: Pursuant to sec. 9.3.1 of UNFPA Policy on Harassment, Sexual Harassment and Abuse of Authority, a formal complaint has to be addressed to OAIS within six months from the date of the last incident of harassment, sexual harassment or abuse of authority. Complaints addressed to other institutions do not meet these criteria. Time limits start to run from the date of the last incident, not from a possible later date of knowledge about the alleged incident. Effects of a SLWFP on time limits: When a staff member is placed on SLWFP, he or she stops being in interaction with his or her colleagues at work on a professional basis as of that date; hence, any complaint has to be filed within six months from that date. The time limit of six months applies to each type of complainant, be it UNFPA Personnel and/or former Personnel.