ÍæÅ¼½ã½ã

UNDT/2014/138

UNDT/2014/138, Mariki

UNAT Held or UNDT Pronouncements

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.

Decision Contested or Judgment/Order Appealed

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.

Legal Principle(s)

N/A

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.