��DT/2010/112

��AT Held or ��DT Pronouncements

The statement of the Executive Director is not an administrative decision that can be contested before ��DT in accordance with article 2 of its Statute. It is not an administrative decision within the meaning of the ruling in Andronov by the former ��AT. Indeed, the applicant did not contest the non-renewal of his appointment but a statement by the Executive Director. This statement is a simple opinion, not an administrative decision that could have affected the applicant��s terms of appointment. By the time the statement was published, the applicant was already aware of the non-renewal of his appointment. The Tribunal however noted the inappropriate nature of the Executive Director��s statement, which compromised two staff members without disciplinary proceedings. Outcome: The application was rejected.

Decision Contested or Judgment/Order Appealed

The applicant, a P-4 staff member of ��ODC, reported allegations of corruption and mismanagement to OIOS, which conducted an investigation. On 29 October 2003, the applicant was informed that his appointment would not be extended beyond 30 November 2003. On 16 November 2003, the applicant advised ��ODC that he would not be able to continue working for ��ODC after the end of his contract. On 26 November 2003, OIOS presented its report in a town hall meeting. The report was published with a press release which included the following statement by the Executive Director: ��[h]aving carefully reviewed the OIOS��s findings, which clear the ��ODC of corruption, the Executive Director has decided that the two employees who raised these unfounded allegations cannot have a future in the Organization��. The applicant contests this statement.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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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

Buscaglia

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Case Number(s)

Tribunal

Registry

Date of Judgement