Judgment No. 4379

• Organization: World Health Organization (WHO)
• Date: 18.02.2021
• Original: English
• Judges: Frydman, Hansen, Barbagallo
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant impugns the Administration’s refusal to provide him in a timely manner with unredacted copies of documents and records relied upon by the Internal Oversight Services during the disciplinary investigation.

Judgment keywords

Keywords

disclosure of evidence; investigation; complaint dismissed

Consideration 7

Extract:

[T]he complainant’s reliance on Judgment 4167, consideration 4, in support of his assertion that the Director-General violated his duty to motivate his departure from the GBA’s findings is misplaced. As stated in this judgment, consideration 4, “an executive head of an international organisation who departs from a recommendation of an internal appeal body must state the reasons for disregarding it and must motivate the decision actually reached”. This case law only has application when an authority competent to make a final decision departs from the internal appeal body’s recommendation. As the Director-General accepted the GBA’s recommendation in its entirety, there was no alternative decision that required motivation. Accordingly, the complainant’s submission that the impugned decision was “not properly motivated” is unfounded.

Reference(s)

ILOAT Judgment(s): 4167

Keywords

final decision; motivation; motivation of final decision