Placing the Applicant on SLWFP. The Tribunal agrees with and adopts the Kamunyi reasoning that former staff rule 105.2 did not permit placing a staff member on SLWFP where an investigation was being made into possible wrong-doing by that staff member. The formal nature of the OIOS/PTF investigation. A preliminary investigation under ST/AI/371, sec. 2, is differentiated from a formal investigation under ST/AI/371, sec. 6, as occupying different places within the overall structure of ST/AI/371. For an investigation to be regarded as merely preliminary in nature, some “reason to believe” must...
Discretionary authority
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Disciplinary matters / misconduct
Disciplinary measure or sanction
Due process
Investigation
Discretionary authority
TEST -Rename- Benefits and entitlements-45
Special leave (with or without pay)
Compensation
Due process
Discretionary authority
Placing the Applicant on SLWFP. This Tribunal agrees with and adopts the Kamunyi reasoning that former staff rule 105.2 did not permit placing a staff member on SLWFP where an investigation was being made into possible wrong-doing by that staff member. The formal nature of the OIOS/PTF investigation. For an investigation to be regarded as merely preliminary in nature, some “reason to believe” must exist that a staff member has engaged in unsatisfactory conduct, but the investigation must not have reached the stage where the reports of misconduct are “well founded” and where a decision already...
Jurisdiction / receivability (UNDT or first instance)
Subject matter (ratione materiae)
Reassignment or transfer
Staff selection (non-selection/non-promotion)
Selection decision
Suspension of action / interim measures
Discretionary authority
The Tribunal held that the Applicant had not raised a prima facie case as to warrant a suspension of action.