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UNDT/2021/016

UNDT/2021/016, Coleman

UNAT Held or UNDT Pronouncements

The Respondent conceded that the proper procedure in the assessment of the Applicantā€™s complaint was not followed because she was not interviewed by OIAI as required by section 5.14 of CF/EXD/2012-007. The Tribunal found that the procedural irregularity in this case not only constitutes a serious breach of the applicable framework but it also violates the Applicantā€™s due process rights as a complainant. The complainantā€™s interview is a mandatory and essential step in the preliminary assessment of the complaint as it prompts the staff member to clarify the allegations, to ensure all available evidence is submitted or eventually added to the initial complaint and to explore the possibilities of informal resolution. The Tribunal highlighted that it is incumbent on the Organization to comply with its own regulatory framework and to ensure the complaint is properly assessed. This is particularly important when the Organization decides, as in the present case, to close the case following a preliminary assessment of the complaint. Consequently, the Tribunal found that the contested decision was unlawful. The Tribunal further noted that while UNICEF Executive Directive CF/EXD/2012 007 Amend.1 does not foresee any time limit to conclude an investigation into a complaint, a period of 16 months to review the Applicantā€™s complaint, without even interviewing her, was unreasonable. In light of the above and pursuant to art. 10.5(a) of its Statute, the Tribunal decided to remand the case to OIAI, UNICEF for a renewed assessment of the Applicantā€™s complaint undertaken in compliance with the applicable procedure. The Applicantā€™s request for compensation for moral harm was rejected.

Decision Contested or Judgment Appealed

The Applicant, a former staff member of UNICEF, contests the decision to uphold the Office of Internal Audit and Investigationā€™s (ā€œOIAIā€) determination that the Applicantā€™s supervisor did not engage in harassment and abuse of authority against her.

Legal Principle(s)

The Tribunal has the power to interpret and identify the ā€œcontested administrative decisionā€ at stake, even if the party or parties have failed to do so.

Outcome
Judgment entered for Applicant in full or in part
Outcome Extra Text

Specific performance ordered.

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/ Appellants
Coleman
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Tribunal
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