��DT/2020/173

��AT Held or ��DT Pronouncements

��DT held that the application challenging the OIOS�� decision not to investigate the Applicant��s allegation is misconceived. There was nothing to show that the decision being impunged in the Application was improperly taken, or that it was tainted by factors extraneous to the complaint. ��DT held that OIOS acted properly in referring the matters complained about back to ��HCR for appropriate investigation and action. ��DT dismissed the Application as not receivable.

Decision Contested or Judgment/Order Appealed

The Applicant challenged the Respondent��s decision to not investigate ��manifest misconduct by senior officials in ��HCR.��

Legal Principle(s)

The decisions of the Office of Internal Oversight Services (OIOS) can come under scrutiny, and would constitute anadministrative decision, when it impacts on the legal rights of a member of staff or former member of staff who have standing before the Tribunal. But the decision of OIOS not to investigate would not, in and of itself, be an administrative decision that can be appealed to the ��DT.

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

Ross

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement