UNDT/2013/162, Benfield-Laporte
The UNDT considered that the Applicant’s initial complaint was meeting all the requirements contained in sec. 5.13 of ST/SGB/2008/5. It noted that the decision not to initiate a formal fact-finding investigation was made only six months after the complaint had been lodged hence it did not meet the requirement of ‘promptness’ contained in sec. 5.3 and sec. 5.14 of ST/SGB/2008/5. Further, the UNDT found that the course of action chosen by the ASG/OHRM, which consisted in asking first the alleged offender for his views, had no legal basis in ST/SGB/2008/5. Having considered the definition of the...