¹ú²úAV

UNAT considered two appeals by Ms Perelli, against judgment Nos. UNDT/2012/034 and UNDT/2012/100. On the matter of due process, given Ms Perelli had the opportunity to rebut allegations and contents of the relevant report, UNAT held that these procedural steps were part of her due process entitlements and, to the extent that UNDT found the Administration to have respected these procedural steps, UNAT upheld the finding of UNDT. UNAT held that the Investigation Panel report satisfied neither the remit given to it nor the statutory requirements of ST/AI/371. UNAT held that Ms Perelli was...

Outcome: The application was rejected. The UNDT made the following findings: The preliminary fact-finding investigation was initiated properly, but was flawed, because the Applicant was not re-interviewed or given the opportunity to answer the allegations of sexual harassment in writing after the full scope of allegations became known to the investigation panel. However, these flaws did not vitiate the contested decision as they were cured in the process that followed. The findings of the fact-finding investigation report and the accompanying documents justified the decision to initiate formal...

The Tribunal found that there was clear and convincing evidence that on the morning of 9 February 2015, at his office, the Applicant commited misconduct. The established facts legally amounted to misconduct, in violation of the norms consistently upheld by the Organization since at minimum 1992, where sexual harassment was described as unacceptable behaviour for the staff of the United Nations, and reiterated through, among other, outlawing, in 2003, sexual exploitation and abuse as serious misconduct warranting a summary dismissal, and through a detailed anti-harassment and abuse of authority...