UNDT/2013/077

UNDT/2013/077, Samuel-Thambiah

UNAT Held or UNDT Pronouncements

The fact that a staff member is no longer employed by the Organization does not mean that the Organization is not required to notify him or her of the completion of an administrative proceeding related to his or her current or past employment. With respect to the completion of an investigation into allegation filed against him or her, a former staff member benefits from the same rights as a current staff member, including that of being informed of any decision taken by HR related to an investigation of which he was the subject and, as stated in Applicant UNDT/2010/069/Corr.2, “the right to comment on a note [that is considered] placed in the staff member’s file” as such a right must survive a staff member’s separation from service. HR did not follow the applicable procedures upon determining to close the disciplinary process without either informing the Applicant or providing him with a copy of the OIA’s investigation report in a timely manner. This breach did not result in any type of harm and no compensation is awarded. The Tribunal also finds that the contested report is not contained or referred to in the Applicant OSF. The Respondent contends that the closure of the investigation report was not an adverse administrative decision and there was no obligation for the Respondent to inform the Applicant of the closure of the investigation.

Decision Contested or Judgment/Order Appealed

The Applicant contests UNICEF’s completion, after his separation from service, of an investigation into allegations of misconduct filed against him and the fact that UNICEF did not provide him with a copy of the investigation report.

Legal Principle(s)

The fact that a staff member is no longer employed by the Organization does not mean that the Organization is not required to notify him or her of the completion of an administrative proceeding related to his or her current or past employment. With respect to the completion of an investigation into allegation filed against him or her, a former staff member benefits from the same rights as a current staff member, including that of being informed of any decision taken by HR related to an investigation of which he was the subject and, as stated in Applicant UNDT/2010/069/Corr.2, “the right to comment on a note [that is considered] placed in the staff member’s file” as such a right must survive a staff member’s separation from service. HR did not follow the applicable procedures upon determining to close the disciplinary process without either informing the Applicant or providing him with a copy of the OIA’s investigation report in a timely manner.

Outcome
Dismissed as not receivable

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Applicants/Appellants
Samuel-Thambiah
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