UNDT/2016/108, Rehman
The Tribunal found that the Applicant did not contest an administrative decision, since the decision to close the case had no direct legal consequences for the Applicant. Administrative decision: While staff members have a duty to report possible misconduct, a decision by the Organization not to investigate the matter does not have direct legal consequences on the contractual rights of the staff member, unless the complaint made by the staff member was one of harassment under ST/SGB/2008/5.
The Applicant appealed the decision not to investigate irregularities concerning a double payment of an hotel bill, of which she had complained. The Applicant had received daily subsistence allowance (“DSA”) for the hotel expenses, and other expenses, and the hotel accommodation had been paid for directly by UNICEF. The error had been recognized and UNICEF had received a refund of the payment it made. The matter was investigated and the investigation found no fault on the Applicant’s part, with respect to the double payment of the hotel account. UNICEF informed the Applicant on 24 December 2015 that the case was closed, and the Applicant requested an inquiry into the alleged irregularities, and filed a request for management evaluation against the decision of 24 December 2015, which she found constituted a decision not to investigate the matter raised by her.
N/A