UNDT/NY/2011/004

The UNDT found that the decision that there was “reason to believe” that the Applicants may have committed misconduct was manifestly unreasonable, arrived at in breach of due process, and was thus unlawful. The UNDT found that the Applicants’ rights were not respected during the subsequent preliminary investigation. The UNDT found that the decision to conduct an investigation against the Applicants and the manner in which it was carried out was tainted by procedural irregularity and manifest unfairness. The UNDT found that the Applicants had engaged in protected activity, namely, reporting of...

The Respondent submitted that the application was not receivable because the Applicant’s appeal was time-barred and did not concern a contestable administrative decision. The Tribunal found that the Applicant’s appeal was receivable.