¹ú²úAV

On the question of maintaining confidentiality, UNAT held that the Appellant had not provided persuasive reasons for maintaining the confidentiality of his case and did not grant his petition. UNAT held that a decision not to review the closure of an investigation, which had been impugned by a staff member as procedurally or substantively irregular, was a decision that affected a staff member’s legal rights and that it, therefore, constituted an administrative decision subject to judicial review. UNAT held that the specific provisions of ICAO’s personnel instruction should have led to a different conclusion as it expressly provided for the review of a decision to close an investigation into alleged misconduct and thereafter for the filing of an appeal against that decision. UNAT held that the Appellant’s submission was submitted in a timely manner to the AJAB and, as it was receivable, it should have been considered on the merits. UNAT held that the parties’ requests not to remand the case to the AJAB were unsubstantiated. UNAT allowed the appeal in part and remanded the case to the AJAB for consideration on the merits.