UNDT/2021/049, Fosse
The contested decision fell within the Administration’s margin of appreciation and was a reasonable exercise of discretion. Under the applicable legal framework, the Applicant is not entitled to force the Administration to investigate her complaint. To the contrary, the responsible official is provided with a discretion to initiate or not to initiate an investigation under the applicable legal framework. The decisionmaker reasonably decided not to investigate the Applicant’s complaint in light of the alleged harasser’s resignation. The decision was also procedurally compliant as the...