����AV

On the due process prong, the Tribunal concluded that the alleged failures and shortcomings in the investigation process did not prejudice the Applicant’s case. Accordingly, the Tribunal held that the Applicant’s due process rights were guaranteed. On whether the facts were established by clear and convincing evidence, the Tribunal found that the Applicant had discussed an amended procurement bid to enable LL to be awarded the procurement contract; that, as a result, the bid was fraudulently amended and with the Applicant’s acquiescence. Thus, the Tribunal held that the Respondent had...

A false allegation of sexual harassment against the Applicant and the sensitive information regarding V01’s medical history in the present case constitute exceptional circumstances warranting anonymity.

The Administration erred in concluding that the Applicant making inappropriate comments between February and May 2018 constituted harassment of V01 and that the Applicant’s handling of V01’s complaint against Mr. N. constituted harassment and abuse of authority. The Applicant’s due process rights were respected during the investigation and the disciplinary process.

Although not constitutive...

UNAT rejected Mr. Valme’s claim that the allegation of sexual exploitation and abuse had not been established against him, on grounds that any consideration about the complaint of sexual abuse was beyond the scope of the case, because his application concerned other prohibited conduct that came to light during the investigation. UNAT found no merit in Mr. Valme’s contention that the UNDT failed to consider the totality of the evidence and referred to it in a selective way, thereby displaying bias.  UNAT found that it was inherent to the principle of judicial persuasion that courts and...

UNAT considered an appeal by Mr. Ramos. UNAT held that in order for conduct to constitute sexual harassment, apart from an “unwelcome sexual advance”, it is required that the behavior in question “might reasonably be expected or be perceived to cause offence or humiliation to another, when such conduct interferes with work, […] or creates an intimidating, hostile or offensive work environment” and that “[w]hile typically involving a pattern of behaviour, it can take the form of a single incident”. UNAT was satisfied that there was clear and convincing evidence that the Mr. Ramos’ conduct as...

Mr. Branglidor appealed. UNAT found that the totality of the evidence confirmed the UNDT’s conclusion that Mr. Branglidor was well aware of the untruthfulness of the forms when he submitted the second claim for the regular disbursement of the education grant.  UNAT was satisifed that the UNDT was correct when it held that the act of misconduct was committed with knowledge and intent. Even though the misconduct did not lead to any actual prejudice, since the Administration recovered the payment made in advance and did not pay any further education grant, Mr. Branglidor’s endeavor could have...

Ms. Pakkala filed an appeal. UNAT found that the decision to impose the administrative measures on Ms. Pakkala was a lawful and reasonable exercise of discretion.  

The letter of the Director, DHR clearly set out the rationale for imposing the administrative measures, i.e. that the investigative process had surfaced a pattern of behavior exhibited by Ms. Pakkala over time which was cause for concern and justified the administrative measures. While the Director, DHR found the evidence of alleged harassment was not clear and convincing, in her opinion there were reasonable grounds to believe...

The essential question for determination on appeal is whether the UNDT correctly held that the alleged misconduct of creating a hostile work environment and giving of gifts was proved in accordance with the standard of clear and convincing evidence. In other words, did the evidence establish the alleged misconduct to a high degree of probability? At its essence, therefore, this case involves strongly contested disputes of fact about whether AAC conducted himself in a manner that was abusive and created a hostile working environment. The Administration says he did. AAC strongly denies it. Thus...

Mr. Beda appealed.  As a preliminary matter, UNAT dismissed Mr. Beda's motion seeking leave to file a rejoinder on grounds that there was no probative value to the rejoinder Mr. Beda sought to file, and there was nothing new in the Administration's answer that would require him to have an opportunity to provide a rebuttal or rejoinder. Turning to the merits, UNAT found that the UNDT had applied the correct legal standard in its Judgment - whether the facts had been established by clear and convincing evidence - and properly assessed the evidence and credibility of witness testimony, making the...

UNAT held that the Appellant merely repeated arguments raised before UNDT regarding the evidence. UNAT accepted UNDT’s finding that there was clear and convincing evidence to establish the facts underlying the allegations of misconduct. UNAT held that UNDT applied the appropriate legal standard, namely clear and convincing evidence. UNAT held that UNDT heard the evidence of the complainant, other material witnesses, assessed the credibility and reliability of the testimony under oath before it, determined the probable facts and then rendered a decision as to whether the onus to establish the...

UNAT held that the Appellant had no standing to seek consideration by a full bench. UNAT held that to the extent UNDT engaged in a fact-finding exercise of its own, this was not a legitimate exercise of its competence. UNAT held that the Administration’s failure to provide adequate reasons for the contested decision resulted in the contested decision being unlawful. UNAT held that the Administration’s failure to exercise its discretion with regard to carrying out an investigation also rendered the contested decision unlawful. UNAT allowed the appeal in part. UNAT vacated the UNDT Judgment by...