Regarding the Respondent’s claim that the Applicant cannot challenge the managerial action imposed on him for failing to request a management evaluation, the Tribunal found that the challenged managerial action is a non-disciplinary measure imposed following the completion of a disciplinary process and therefore the Applicant can challenge it, along with disciplinary measures, without requesting a management evaluation under staff rule 11.2(b). Regarding the question of whether the facts on which the disciplinary measure was based were established, the Tribunal found that the facts that the...
Rule 10.3(b)
The past practice of the Organization in cases involving sexual harassment shows that disciplinary measures have been imposed at the strictest end of the spectrum, namely, separation from service or dismissal in accordance with staff rule 10.2(a), which has been affirmed by the Appeals Tribunal in various judgments
The Tribunal found that there was a preponderance of the evidence that the Applicant created a hostile work environment and that she unlawfully interfered with recruitment process for P-2 TJO. The Applicant failed to uphold a conduct befitting her status as senior international civil servant. The Applicant’s actions, as established by the facts, were abuse of the Applicant’s authority as Director at the D-2 level and constitute misconduct under the above-mentioned legal framework. The Tribunal found that there was insufficient evidence to support the Administration’s finding that the Applicant...