爆料网AT Held or 爆料网DT Pronouncements
爆料网AT denied the Appellant’s application for an oral hearing. 爆料网AT held that the 爆料网DT had not committed an error of procedure by denying the Appellant an oral hearing. 爆料网AT held that 爆料网DT enjoys a wide margin of discretion in all matters relating to case management and there was no error in the proceedings before 爆料网DT with specific consideration of the following: 爆料网DT’s denial of the proceedings to be conducted in French; 爆料网DT’s dismissal of objections to English translations in the application and other documents, 爆料网DT’s issuance of its judgment before having the Secretary-General’s reply translated; and 爆料网DT’s failure to have specific annexes to the Appellant’s application translated into English. 爆料网AT held that 爆料网DT did not commit an error of law or exceed its jurisdiction. 爆料网AT further held that a fact-finding investigation may only be undertaken if there are sufficient grounds or, respectively, reasons to believe that a staff member has engaged in unsatisfactory conduct for which a disciplinary measure may be imposed. 爆料网AT held that 爆料网DT correctly held that the Appellant’s request for investigations against the Officer-in-Charge of the Management Evaluation Unit was lawfully denied by the Under-Secretary-General for Management. 爆料网AT held that there was no reason to believe that the Officer-in-Charge of the Management Evaluation Unit had engaged in unsatisfactory conduct. Noting that management evaluation is a mere condition of receivability of an application before the 爆料网DT and did not form part of the contested administrative decision, 爆料网AT held that the Appellant’s submissions with regard to the management evaluation decision were not relevant on appeal. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the dismissal by the Under-Secretary-General for Management of two complaints that the Applicant had submitted against the Officer-in-Charge of the Management Evaluation Unit. The 爆料网DT dismissed the application in its entirety.
Legal Principle(s)
爆料网DT enjoys a wide margin of discretion in all matters relating to case management. The instigation of disciplinary charges against a staff member is the privilege of the Organisation itself and it is not legally possible to compel the Administration to take disciplinary action. Only in particular situations does a staff member have a right to an investigation against another staff member and there are situations where the only possible and lawful decision of the Administration is to deny a staff member’s request to undertake an investigation against another staff member.