Judgment No. 4607
Decision
The complaint is dismissed.
Summary
The complainant challenges the decision to dismiss her allegation that the opening of an investigation against her involved abuse of authority and the decision not to investigate her allegations against the Acting Director of the Internal Oversight Division.
Judgment keywords
Keywords
receivability of the complaint; request to subject someone to disciplinary proceedings; complaint dismissed
Consideration 3
Extract:
It is desirable to address at the outset the question of receivability, and the Tribunal can do so ex officio (see, for example, Judgments 3139, consideration 3, and 2567, consideration 6).
Reference(s)
ILOAT Judgment(s): 2567, 3139
Keywords
receivability of the complaint; competence of tribunal
Consideration 5
Extract:
[The complainant] has no enforceable legal interest in the fate of her allegation of misconduct against the Acting Director IOD which can be vindicated by orders of the Tribunal. The subject matter, namely the decision not to open an investigation on the alleged misconduct and abuse of authority by the Acting Director IOD, does not concern non-observance of the terms of her appointment or relevant non-observance of provisions of the Staff Regulations, as provided for in Article II of the Tribunal’s Statute (see Judgment 4145, consideration 5, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 4145
Keywords
cause of action; investigation; request to subject someone to disciplinary proceedings
Consideration 6
Extract:
[A]ll that happened […] was that an investigation was opened. As [the Organization] points out in its reply, correctly, a decision to open an investigation is not a final decision that can give rise to a cause of action in the Tribunal, citing Judgment 3236, consideration 12.
Reference(s)
ILOAT Judgment(s): 3236
Keywords
cause of action; administrative decision; opening of an investigation
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