2016-��AT-706

��AT Held or ��DT Pronouncements

��AT held that there was no provision in the Staff Regulations or Rules stating that the Secretary-General��s discretionary authority to issue a written reprimand as a non-disciplinary measure pursuant to Staff Rule 10.2(b) (i) was predicated upon and limited to the existence of an ongoing employment contract. ��AT found that to hold otherwise would render baseless those standards of conduct that survive active service. In addition, ��AT held that, from a practical perspective, it would stymie the Secretary-General��s ability and discretionary authority to properly manage investigations and discipline staff. ��AT held that the Secretary-General��s authority to administer the Organisation��s records, including those of former staff members, and to ensure they reflect the staff member��s performance and conduct during his or her period of employment, did not lapse upon the staff member��s separation from service. Therefore, ��AT granted the appeal and vacated the ��DT judgment in part with respect to this holding and ��DT��s order to remove the reprimand from the former staff member��s Official Status File.

Decision Contested or Judgment/Order Appealed

A former staff member contested the decision to place a written letter of reprimand in his Official Status File, requesting rescission. ��DT found that it was unlawful for the Secretary-General to issue a written reprimand in connection with a former staff member��s conduct while employed.

Legal Principle(s)

Imposition of non-disciplinary measure on former staff member is within the Secretary-General��s discretion and lawful.

Outcome

Appeal granted

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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.

Applicants/Appellants

Gallo

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