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UNDT/2023/044

UNDT/2023/044, Zhang

UNAT Held or UNDT Pronouncements

It is incumbent on the Applicant to allege and to prove that her complaint was not handled following the applicable procedures and/or that there was a failure to properly assess relevant and available evidence, which led to a manifestly unreasonable decision. After a careful review of the case file and the evidence before it, the Tribunal has not identified any procedural irregularity committed by OIOS in its preliminary assessment nor any wrongdoing. Instead, the Tribunal finds that the decision to close the complaint without any further action was well‑substantiated and in line with the relevant elements of the case. In fact, the Applicant failed to identify specific incidents, her accusations were vague, she did not describe a single incident that could amount to prohibited conduct under ST/SGB/2019/8, and she did not provide any supporting documentation. The Applicant also claimed being victim of retaliation, but there is no evidence that she reached out to the Ethics Office.As a result, the Tribunal finds the decision to close the Applicant’s complaint without further action a regular exercise of administrative discretion.

Decision Contested or Judgment Appealed

The Applicant contests the decision to close her complaint of prohibited conduct against her FRO without further investigation.

Legal Principle(s)

It is not the Tribunal’s role to engage in a de novo investigation of the alleged complaint nor to make a determination on its content.

Outcome
Dismissed on merits

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