Íæż½ã½ã

UNDT/2020/173

View PDF

UNDT/2020/173, Ross

UNAT Held or UNDT Pronouncements

UNDT held that the application challenging the OIOS’ decision not to investigate the Applicant’s allegation is misconceived. There was nothing to show that the decision being impunged in the Application was improperly taken, or that it was tainted by factors extraneous to the complaint. UNDT held that OIOS acted properly in referring the matters complained about back to UNHCR for appropriate investigation and action. UNDT dismissed the Application as not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant challenged the Respondent’s decision to not investigate “manifest misconduct by senior officials in UNHCR.â€

Legal Principle(s)

The decisions of the Office of Internal Oversight Services (OIOS) can come under scrutiny, and would constitute anadministrative decision, when it impacts on the legal rights of a member of staff or former member of staff who have standing before the Tribunal. But the decision of OIOS not to investigate would not, in and of itself, be an administrative decision that can be appealed to the UNDT.

Outcome
Dismissed as not receivable

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.

Full judgment
Applicants/Appellants
Ross
Entity
UNHCR
Case Number(s)
UNDT/NBI/2019/61
Tribunal
UNDT
Registry
Nairobi
Date of Judgement
Duty Judge
Judge Belle
Language of Judgment
English
French
Issuance Type
Judgment
Categories/Subcategories
Jurisdiction / receivability (UNDT or first instance)
Subject matter (ratione materiae)