¹ú²úAV

UNAT held that there was no provision in the Staff Regulations or Rules stating that the Secretary-General’s discretionary authority to issue a written reprimand as a non-disciplinary measure pursuant to Staff Rule 10.2(b) (i) was predicated upon and limited to the existence of an ongoing employment contract. UNAT found that to hold otherwise would render baseless those standards of conduct that survive active service. In addition, UNAT held that, from a practical perspective, it would stymie the Secretary-General’s ability and discretionary authority to properly manage investigations and discipline staff. UNAT held that the Secretary-General’s authority to administer the Organisation’s records, including those of former staff members, and to ensure they reflect the staff member’s performance and conduct during his or her period of employment, did not lapse upon the staff member’s separation from service. Therefore, UNAT granted the appeal and vacated the UNDT judgment in part with respect to this holding and UNDT’s order to remove the reprimand from the former staff member’s Official Status File.