Ãå±±½ûµØ

UNDT/2021/166

UNDT/2021/166, O'Brien

UNAT Held or UNDT Pronouncements

- The contested decision is receivable because it affected the Applicant’s conditions of employment, and was the object of a timely management evaluation request. - There is no evidence on record that OAI’s investigation of the complaints against the Applicant was mishandled. In the circumstences surrounding the investigation, there were no unreasonable decisions made which were contrary to OAI’s Investigation Guidelines. The Applicant had his opportunity to refute all the allegations made, to question the circumstances and motivation behind the allegations, which he did. OAI’s decision that no independent review was warranted was legal and compliant with its obligations and discretion. - The Tribunal cannot initiate an investigation against employees of another International Organization. - There was no evidence leading to establish that the allegations of sexual misconduct against the Applicant were malicious or linked to a retaliation for his whistle-blower role in alleging corruption in the Russian GEF project.

Decision Contested or Judgment Appealed

The Applicant filed an application contesting the decision from the Director of OAI not to launch an investigation into malicious reporting against him after the Applicant was exonerated from an investigation of misconduct.

Outcome
Dismissed on merits

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.

Applicants/ Appellants
O'Brien
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type
Document Topic/Theme :