Under sec. 3.2 of ST/SB/2008/5 and as a matter of good faith and fair dealing, by failing/omitting to review and consider an Applicant’s complaint and informing him of the result, the Administration rendered an appealable administrative decision in accordance with art. 2.1 of the UNDT Statute and the Appeals Tribunal’s consistent jurisprudence. The Tribunal finds that the application is receivable.
Section 3.2 of ST/SGB/2008/5 imposes a “duty” on the Administration “to take all appropriate measures” with a view to “promot[ing] a harmonious work environment, free of intimidation, hostility, offence and any form of prohibited conduct”, but very limited statutory guidance is otherwise provided in the provision on what such measures could be in practice. The only example, at least as relevant to the present case, appears to be that “complaints of prohibited conduct are promptly addressed in a fair and impartial manner”. A search of the Appeals Tribunal’s jurisprudence reveals that the...
