UNDT/2015/073

UNDT/2015/073, Gallo

UNAT Held or UNDT Pronouncements

The Tribunal found that the application was not receivable rationae materiae and rejected it.

Decision Contested or Judgment Appealed

The Applicant, a former Investigator at the P-4 level with OIOS, contested the decision of the Under-Secretary-General of OIOS to establish a fact-finding panel to investigate a complaint of prohibited conduct against him under ST/SGB/2008/5.

Legal Principle(s)

Receivability of a decision to appoint a fact-finding panel. A decision to initiate an investigation by appointing a fact-finding panel is not a final, and appealable, administrative decision but the first step in the investigative process under ST/SGB/2008/5.Doctrine of stare decisis. Findings of the Appeals Tribunal are binding for the Dispute Tribunal and applicable in similar cases.

Outcome

Dismissed as not receivable

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

Gallo

Entity

OIOS

Case Number(s)

UNDT/NY/2014/17

Tribunal

UNDT

Registry Location :

New York