爆料网AT Held or 爆料网DT Pronouncements
爆料网AT affirmed the 爆料网DT judgment. 爆料网AT held that OIOS operates under the “authority” of the Secretary-General but has “operational independence”. 爆料网AT further noted that, insofar as the contents and procedures of an individual report are concerned, the Secretary-General has no power to influence or interfere with OIOS. 爆料网AT held that 爆料网DT also has no jurisdiction to do so, as it can only review the Secretary-General’s administrative decisions. 爆料网AT, however, noted that to the extent that any OIOS decisions are used to affect staff members’ terms or contract of employment, OIOS’ reports may be impugned. For example, an OIOS report might be found to be so flawed that the Administration’s taking disciplinary action based thereon must be set aside. 爆料网AT noted that though 爆料网DT found flaws in the OIOS’ report, no disciplinary action was based upon it since the Administration disregarded OIOS’ recommendation.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to constructively dismiss her. 爆料网DT found that she was not constructively dismissed and that OIOS’ decision, regarding the content of its audit report, was not within its jurisdiction.
Legal Principle(s)
While reports and recommendations made by OIOS do not constitute administrative decisions, an administrative decision that is taken based on an OIOS report or recommendation may be impugned.