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The UNAT held that because the possible error in the assessment of the facts by the UNDT had no bearing on the outcome of the case, the Secretary-General’s cross-appeal could not be received.

The UNAT found that although an Ivorian Court judgment, finding the staff member guilty of fraud, had not been cited in the sanction letter, this was inconsequential because it was clear from the record that he had been aware of the judgment when he applied for the position and completed the PHP specifying “no” to the question whether he had “ever been indicted, fined or imprisoned for the violation of...

The Tribunal found that the contested decision was lawful. The Tribunal found that the Applicant failed to uphold a conduct befitting her status as senior international civil servant. The Applicant, as a senior manager, was conferred a duty of care to promote a “harmonious work environment, free of intimidation, hostility, offence and any form of prohibited conduct” as per ST/SGB/2008/5, which she failed to do. The Applicant’s actions, as established by the facts, constituted harassment and abuse of authority under ST/SGB/2008/5 and amounted to misconduct.

The UNAT considered an appeal by the staff member.

The UNAT found that because of a combination of the staff member’s failure to recall the events in question and of the UNDT’s decision (concurred in by the parties) not to hold an in-person hearing, the UNDT had appropriately referred to the investigation report.

The UNAT was of the view that the UNDT had correctly determined the staff member’s acts were sexual in nature.  The staff member had, without invitation, encouragement or consent, embraced two different women in a sexual manner at a party at a staff retreat.  The UNAT held that the...

The UNAT held that the UNDT judgment was problematic because the UNDT's findings seemed to be based entirely on hearsay evidence, i.e., the findings in the OIOS investigation report.  The UNAT observed that the UNDT judgment failed to explain the evidentiary basis of its conclusion that sexual harassment was highly probable, and made no explicit or precise findings in relation to the evidence given under oath at the hearing. The failure of the UNDT to make findings about the testimony it heard made the appeal well-nigh impossible. The UNAT noted that there was no transcript of the hearing, and...

On whether the facts were established by clear and convincing evidence, the Tribunal found that the Applicant engaged in acts affecting two staff members, namely V01 and V02. The Tribunal thus held that the facts on which the sanction was based were clearly established.

Regarding misconduct, the Tribunal concluded that the Applicant’s conduct towards V01 and V02 was (i) unwelcome, (ii) of a sexual nature, and (iii) they might reasonably be expected or be perceived to cause offence or humiliation. Further, his conduct interfered with their work and/or created for them an intimidating, hostile...

The Tribunal assessed the evidence gathered by the investigators in relation to each incident and concluded that, in most instances, there was no direct or corroboratory evidence of harassment or sexual harassment, and the investigators based their conclusions solely on V01’s narrative. Since almost all the evidence in support of the finding of misconduct comes from V01’s testimony, in opposition to that of the Applicant, establishing V01’s credibility is an essential exercise for a proper adjudication of the case.

However, the investigation failed to adequately establish the reliability of...

The UNAT upheld the UNDT’s conclusions that (1) four of the six incidents underlying the hostile work environment charge against the appellant were not established, but that two incidents were; and (2) appellant had unlawfully interfered with a recruitment exercise which also created a hostile work environment. The UNAT rejected appellant’s contention that because the UNDT considered that certain actions were not harassment, that they could not constitute misconduct.  Whereas certain comments by the appellant about the gender composition of the senior management team, or a failure by appellant...

The sensitive nature of the sexual harassment allegations and the fact that the victim may be easily identified by the factual circumstances surrounding the case constitute exceptional circumstances that warrant granting anonymity.

The Complainant’s account of facts in relation to the relevant incidents is credible and reliable. The Applicant failed to adduce any evidence that could have undermined the credibility of the Complainant’s evidence. There is no evidence of ulterior motives on the part of the Complainant.

The Administration succeeded in discharging its burden of proof to show that...

There is no evidence of collusion or bias against the Applicant. On the contrary, several congruent testimonies corroborated the complainants’ statements and confirmed the allegations of bullying and harassment against the Applicant. The Applicant failed to substantiate his arguments against the complaint and the complainants. The facts are established by a preponderance of evidence and constitute misconduct.
Bearing in mind the nature of the facts attributed to the Applicant, it is not unreasonable that he be obliged to attend mandatory training to improve his managerial and communication’s...

Have the facts on which the disciplinary measure was based been established according to the applicable standard? It was alleged that during the Cox’s Bazar all-staff retreat in February 2020, the Applicant: a. Grabbed V01 from behind her and held her tight with his hands around her waist to the front of her body. He rested his head on her back while he pulled her back so that the front of his body rested against the back of her body. V01 did not consent to him touching her; and b. Hugged V02 from the front side of her body with his body pressed against her body. He hugged her with both his...