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UNDT/2009/012

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UNDT/2009/012, Adorna

UNAT Held or UNDT Pronouncements

The time for requesting an administrative review runs from the date the administrative decision was received by the staff member. The respondent’s refusal to fulfill the three requests of the applicant resulted in three administrative decisions. Even though these decisions were connected to the letter of reprimand they did not reiterate matters contained in the letter of reprimand and they were motivated by events subsequent to that letter.Outcome: The applicant’s request for administrative review was brought in time and his appeal against the outcome of that review is receivable.

Decision Contested or Judgment/Order Appealed

The applicant received a letter with a reprimand for inappropriate behavior. The applicant did not challenge that letter, but later requested the respondent to disclose the investigation report, to make statements referring to the applicant’s innocence, and to provide him with financial support for his legal defence against the court proceedings brought against him by the complainant. In a letter sent to the applicant the respondent refused to fulfill the applicant’s requests and provided explanations to his refusal therein. The applicant sought an administrative review of the respondent’s refusal.

Legal Principle(s)

N/A

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

The applicant’s request for administrative review was brought in time and his appeal against the outcome of that review is receivable.

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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.

Full judgment
Applicants/Appellants
Adorna
Entity
UNICEF
Case Number(s)
UNDT/NY/2009/023/JAB/2008/039
Tribunal
UNDT
Registry
New York
Date of Judgement
Duty Judge
Judge Shaw
Language of Judgment
English
French
Issuance Type
Judgment
Categories/Subcategories
Jurisdiction / receivability (UNDT or first instance)
Applicable Law
UNDT RoP