����AV

The Applicant seems to also challenge the Administration’s response to his request for management evaluation, which is not a reviewable administrative decision, and therefore the Tribunal will only review the contested decision itself. The governing legal framework in this case is ST/AI/2017/1 (Unsatisfactory conduct, investigations and the disciplinary process). ST/SGB/2008/5 is not applicable in this case as he did not allege that he was subjected to discrimination, harassment, or abuse of authority by Ms. A. Rather, the Applicant’s claim is that Ms. A filed a false and malicious complaint against him, which is not a subject matter governed by ST/SGB/2008/5. First, while it is unfortunate that the United Nations Interim Administration Mission in Kosovo (“UNMIK”) did not follow the provisions of ST/AI/2017/1 by conducting an unauthorized preliminary assessment, this procedural mistake of UNMIK was irrelevant to the contested decision. The contested decision was made by OIOS and there is no allegation or evidence that UNMIK’s procedural mistake had any impact on the contested decision made by OIOS. A procedural mistake by UNMIK was immaterial and inconsequential to the contested decision. Second, the Applicant claimed that OIOS violated his rights by not disclosing certain information and documents relating to his complaint, but he had no such right under the applicable legal framework and therefore his argument is rejected. Third, the Applicant questioned the methodology of OIOS’s preliminary assessment, but OIOS reasonably decided to rely on the extensive case file provided by UNDP Office of Audit and Investigations (“OAI”) in reaching its conclusion. Fourth, whether the OIOS assessment report in question complied with all the formalities required by the OIOS Investigations Manual is irrelevant. Even if the OIOS assessment report was not in strict compliance with the OIOS Investigations Manual, it has no impact on the fact that the OIOS Director considered the assessment report in making the contested decision in this case. Only substantial procedural irregularities can render the administrative decision unlawful and this alleged procedural mistake does not qualify as such. Fifth, the Applicant argues that OIOS violated the fundamental principle of equal treatment of all staff members when it decided to treat unsubstantiated sexual harassment complaints differently and leniently. However, OIOS did not say that it decided to consider mala fide sexual harassment complaints more leniently. Rather, given that launching an investigation against a sexual harassment complainant would have a chilling effect on the willingness of victims to come forward, the OIOS Director instructed investigators that complaints against an alleged victim of sexual harassment should be very thoroughly assessed. The Tribunal does not find the OIOS Director’s additional consideration of a potential “chilling effect” unreasonable. In any event, OIOS reasonably determined not to conduct the investigation based on its preliminary assessment of existing evidence. It exercised its discretion reasonably by deciding to close the case. Finally, unlike ST/SGB/2008/5, which does not apply in this case, ST/AI/2017/1 does not have a clause which specifically requires that complaints shall be promptly addressed. There is no set time limit for a preliminary assessment. In addition, OIOS explained that the Applicant’s complaint was put in abeyance pending a conclusion of a related investigation that was finalized later. Therefore, the delay in notifying the Applicant of the contested decision did not violate any terms or conditions of the Applicant’s employment.