UNDT/2014/138, Mariki
ReceivabilityThe placement of a staff member on administrative leave is within the discretion of the Secretary-General. It is an administrative decision for the purposes of art. 8.1 (c) of the Statute and within the well settled meaning of an administrative action as laid down in Andronov. The Tribunal cannot assume jurisdiction to determine the validity of an administrative decision unless it has been first referred to the Management Evaluation Unit pursuant to art.11.2 of the Staff Rules. In the absence of management evaluation of the decision to place the Applicant on administrative leave, the matter is not receivable.The Power of the Tribunal in Disciplinary MattersThe Tribunal is required to consider not only the administrative decision of the Secretary-General to impose a disciplinary measure but should also review the evidence placed before him on which the decision was taken. This exercise requires the Tribunal to determine whether a proper investigation into the allegations was conducted.
The Applicant challenged the Respondent’s decision to separate her from service, with compensation in lieu of notice and with termination indemnity for misconduct. The Tribunal found in favour of the Respondent, and the Application was dismissed.
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