����AV

Scope of judicial review. The Appeals Tribunal, in Nwuke 2010-UNAT-099, defined the limitations of the judicial review when examining a staff member’s right to have action taken against another staff member for possible misconduct, stating that, “In light of ST/SGB/2008/5, Chapter XI of the Staff Rules, and the UNDT Statute, the Appeals Tribunal concludes that when the claims regard issues covered by ST/SGB/2008/5, the staff member is entitled to certain administrative procedures. If he or she is dissatisfied with their outcome, he or she may request judicial review of the administrative decisions taken. The UNDT has jurisdiction to examine the administrative activity (act or omission) followed by the Administration after a request for investigation, and to decide if it was taken in accordance with the applicable law. The UNDT can also determine the legality of the conduct of the investigation.”The Applicant’s rights were not infringed. The Tribunal found that the relevant letter from MEU was written in an uncontroversial, clear, simple and plain everyday conversational English which set out the MEU’s reasons andfindings based on the management evaluation request filed by the Applicant himself. The Tribunal, therefore, found nothing contentious or improper in the letter that can in any possible manner be construed as either (a) amounting to discrimination, harassment, sexual harassment or abuse of authority as defined in ST/SGB/2008/5 or (b) suggesting that the MEU/OiC has been involved in “unsatisfactory conduct for which a disciplinary measure may be imposed” pursuant to ST/AI/371, as amended by ST/AI/371/Amend.1.