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Regarding the first contested decision, the Tribunal held that the right to know the contents of the report, although summarised, is implicit in the right of a staff member to complain against third persons (right already acknowledged in Belkhabbaz, UNDT/2021/047 at para. 21) because this right includes the right to know the reasons for which the Administration did not punish the accused person.

The Tribunal, therefore, concluded that the Applicant had a right to receive the report in full, with reasonable redactions, from the Administration. Therefore, the claim in question was granted.

In...

The UNAT held that the staff member had had ample opportunity to comment on her lateral transfer. The UNAT noted that she had been aware of the recommendation to separate her from her First Reporting Officer, against whom she had made a complaint of prohibited conduct, and had had the opportunity to voice her concerns and also had been informed of the reassignment decision nearly a month before she took up the new post.

The UNAT accepted that the responsibilities and job functions of the new post had been commensurate with the staff member’s competence, skills, and experience. The UNAT found...

Although the complaint against the former High Commissioner was made under ST/SGB/2008/5, its investigation and the contested decision were undertaken under ST/SGB/2019/8 and ST/AI/2017/1, in keeping with sec. 8.3 of ST/SGB/2019/8.

The aspect of the application whose receivability the Respondent objected to relates to the way the Applicant’s complaints of abuse of authority, which were laid under ST/SGB/2008/5 and ST/SGB/2019/8, were investigated. This fact brings that aspect of the application into the ambit of Nwuke 2010-UNAT-099. Consequently, the totality of the application is receivable...

The UNAT held that there was a clear disjunct in the UNDT’s decision to grant Mr. Nair’s application only in relation to the disciplinary measures (but not the administrative measures), and at the same time, rescinding the actual disciplinary decision.  The UNAT noted the confusion presented by UNDT’s finding that “no misconduct occurred at all”, while at the same time accepting that Mr. Nair had “repeatedly reacted and used hostile language” which justified, in the UNDT’s view, the imposition of administrative measures. The UNAT held that the administrative measures under Staff Rule 10.2(b)...

The UNAT held that the UNDT did not commit an error of procedure in its case management that affected the outcome of the case.  The Appellant had a meaningful opportunity to mount a defense and to question the veracity of the statements against him.  The additional witnesses that he wished to call would have been of little assistance to his case.

The UNAT found that the UNDT correctly concluded that the alleged conduct was established by clear and convincing evidence and that the Appellant’s actions, i.e., making inappropriate comments of a sexual nature in social settings, amounted to sexual...

The undisputed facts are unambiguous and leave little room for different interpretations. An apology does not invalidate or undo the misconduct. The fact that the Applicant was not made aware of the negative impact of her practice has no relevance for the factual determination. As such, the Administration has established the facts underlying the disciplinary measure in question by preponderance of evidence.

The Applicant using expletives towards her subordinates and widely addressing her colleagues by nicknames in the workplace were compounded by her ignoring personal and professional...

Mr. Nastase appealed the UNDT Judgment.

The UNAT affirmed the UNDT's finding that it had not been established by evidence that the administrative decision to close his complaint was actuated by bias against him and was therefore unlawful. 

The UNAT dismissed Mr. Nastase's contention that the UNDT erred in finding that the fact that in 2019, Mr. Nastase had filed a complaint against the CIOS alleging misconduct was unrelated to his performance issues. The UNAT found that because these events were not part of his complaint of harassment and abuse of authority in relation to his performance...

The Applicant claims that several events of prohibited conduct occurred between 2018 and 2022 affecting him. However, he did not follow the procedural path under Bulletins ST/SGB/2008/5 (Prohibition of discrimination, harassment, including sexual harassment, and abuse of authority) and ST/SGB/2019/8 (Addressing discrimination, harassment, including sexual harassment, and abuse of authority) for the handling of formal reports of prohibited conduct and the Dispute Tribunal does not have jurisdiction to conduct an investigation into such allegations.

There is no evidence that the Applicant ever...

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...

UNAT upheld the UNDT’s conclusion that the Administration’s decision not to set up a fact-finding investigation panel against Mr. Yavuz’s FRO and SRO was lawful, as the incidents described in Mr. Yavuz’s complaint did not provide sufficient grounds they had engaged in prohibited conduct (harassment, abuse of authority) but fell in the realm of workplace disagreements. UNAT found that Mr. Yavuz did not show that the incidents mentioned in his complaint with regard to the conduct of his FRO and SRO were in any way motivated by any of the characteristics or traits (or similar) listed in Section 1...