UNDT/2017/006, Auda
The UNDT found that the Administration’s failure to timey conclude its investigation was an act of omission and an implied administrative decision receivable by the UNDT. The personal crisis of one investigator did not account for the entire three years nor justify the Administration’s failure to take corrective measures to control the delay. The excessive delay breached fairness and the Applicant’s due process rights. Further, the Administrations’ failure to respond to the Applicant’s multiple reasonable follow up queries spanning three years constituted a breach of duty owed the Applicant...