UNDT/2022/049

UNDT/2022/049, Applicant

UNAT Held or UNDT Pronouncements

The Tribunal held that neither claim (i), (the decision to continue to conduct an investigation) despite the Applicant's claimed medical condition, nor claim (ii) (the refusal to convene a medical board to examine it), had produced a decision of direct negative consequences for the Applicant. The impact, if any, of these decisions on the outcome of the disciplinary process will be examined in relation to his application against the disciplinary measure. Accordingly, the application, in relation to claims (i) and (ii) was dismissed as not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant contested three decisions, namely: (i) the decision by the Inspector General’s Office, UNHCR, to continue to conduct an investigation while he was on certified, service incurred sick leave; (ii) the decision of the Department of Human Resources , UNHCR, to refuse to empanel a medical board to determine his fitness to respond to the claims of misconduct; and (iii) the decision to dismiss him for misconduct. Judgment No. UNDT/2022/049, disposed of claims (i) and (ii) as the Tribunal found them unreceivable. Claim (iii) will be disposed of in a separate judgment.

Legal Principle(s)

Receivability is determined by strict rules, in the application of which the Dispute Tribunal exercises no discretion, among them the requirement that the decision have direct impact on an applicant’s terms of employment and the requirement of a timely request for management evaluation. Applications against decisions having no direct impact on an applicant’s terms of employment are not receivable.

Outcome

Dismissed as not receivable

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

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