UNDT/2012/203

UNDT/2012/203, Featherstone

UNAT Held or UNDT Pronouncements

Administrative decision: Measures taken on the basis of ST/SGB/2008/5 must not be considered as preliminary decisions that cannot be contested. The absence of a response to an Applicant’s specific requests may amount to an implicit administrative decision, if it has direct legal consequences on the Applicant’s rights as a staff member.

Decision Contested or Judgment/Order Appealed

The Applicant, a former staff member of the International Criminal Tribunal for the former Yugoslavia (“ICTY”), requested the Tribunal to find that the procedures in referring a fact-finding Panel Report to the Assistant Secretary General for Human Resources Management and not providing her with access to the documents in support of such referral (e.g. Investigation Report) were wrongful and violated her due process rights. The Applicant further requested the award of compensation for moral damages. The Tribunal found that proceedings of a preliminary investigation conducted under ST/SGB/2008/5 can be appealed under Chapter XI of the UN Staff Rules. Exercise of this right is subject to statutory time-limits for submission of a management evaluation request that were not adhered to in the instant case. Additionally, the Tribunal found that the absence of a formal response to the Applicant’s requests for access to documentary evidence has to be regarded as an implicit final refusal which may have direct legal consequences on the Applicant’s rights as a staff member and, thus, constitutes an administrative decision open to judicial review.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

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Full Judgment

Applicants/Appellants

Featherstone

Entity

Case Number(s)

Tribunal

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