CYIL vol. 14 (2023)

CYIL 14 (2023)

LANDMARK JUDGMENT 4457 OF THE ADMINISTRATIVE TRIBUNAL …

(iii) deferment, for a specified period, of eligibility for salary increment; (iv) loss of one or more steps in grade; (v) deferment, for a specified period, of consideration for promotion; (vi) demotion by transfer; (vii) termination; (viii) summary dismissal.” This list is exhaustive. Thus, the Director-General may not impose any other sanction on a staff member. Written censure is the most lenient sanction and summary dismissal is the most severe sanction. It should be mentioned that in accordance with Rule 110.2 (Administrative leave) of the Staff Regulations and Staff Rules, the Director-General may place a staff member on administrative leave pending investigation or disciplinary proceedings, without prejudice to his/her acquired rights. Such administrative leave is with pay, or in exceptional cases, without pay. The administrative leave does not constitute a disciplinary measure and is without prejudice to the rights of the staff member. The staff member concerned may lodge an appeal against the administrative leave and its conditions. Issues related to investigation and disciplinary proceedings are regulated by UNESCO Human Resources Manual Item 11.3 (Investigation and disciplinary proceedings). The authority to open investigation, or to close a case and not to open an investigation, rests solely with the Director of the Division of Internal Oversight Services (“IOS”) 21 . If the IOS Director decides that there are grounds to pursue the matter, he/she instructs the Investigation Unit to open a formal investigation. The amount of time it will take to complete an investigation will depend on the particular circumstances of each individual case, but all efforts are to be made for the investigation report to be submitted not later than four months from the start of the investigation at Headquarters, and six months for Field Offices. The staff member concerned must be notified of the investigation no later than at the beginning of the interview with IOS. During the investigation, the staff member concerned is interviewed by the IOS and is given the opportunity to provide evidence. He/she must be given the opportunity to propose witnesses. Investigators are obliged to examine both inculpatory and exculpatory evidence. At the conclusion of the investigation, the IOS Director submits the investigation report to the Assistant Director-General for Administration and Management. The investigation report must contain all relevant facts, documents and signed witness statements of the subject of the investigation and witnesses. The IOS establishes the facts and concludes whether, on the basis of the factual findings, the allegations of misconduct are substantiated. Finally, the IOS communicates the report to the Assistant Director-General for Administration and Management for consideration of administrative or disciplinary measures as appropriate. Essential procedural aspects of disciplinary proceedings may be summarized as follows: Following receipt of the investigation report, the Assistant Director-General for Administration and Management, upon advice from the Director of Bureau of Human 21 For more information on the Division of Internal Oversight Services and, in particular, its investigative function, please visit the following website at https://www.unesco.org/en/ios/investigation. Website visited on 17 July 2023.

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