2024-UNAT-1449, Michael David Antoine
The UNAT noted that the staff member publicly engaged in acts of a sexual nature in a clearly marked United Nations vehicle, bringing disrepute to the Organization and difficulties with the host country.
The UNAT found that the case was not one where the issues required the UNDT’s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a UNDT hearing had not affected its decision. The UNDT had before it a video clip depicting the actions in question, which were clearly of a sexual nature.
The UNAT agreed with the UNDT that the lawfulness of the investigation had already been considered and determined by the UNDT in an earlier judgment.
The UNAT observed that the UNDT might not have addressed the staff member’s criticism of a UNDT judge in the impugned Judgment because it was irrelevant to this matter as that judge had not been involved in the present case.
The UNAT found that the Secretary-General had considered all the relevant factors (aggravating and mitigating) and that the disciplinary measure imposed was consistent with prior precedent and proportionate to the offence, i.e. neither excessive nor unreasonable. The UNAT held that as the "main actor" in this event, Mr. Antoine should have received a more onerous sanction as compared to other staff members in the vehicle.
The UNAT dismissed the appeal and affirmed the UNDT’s Judgment.
A former staff member contested the disciplinary decision to dismiss him for having publicly engaged in sexually suggestive behaviour in a United Nations vehicle with an unauthorized female passenger.
In Judgment No. UNDT/2023/059, the UNDT dismissed the application.
The former staff member appealed.
As a factual finding of misconduct is of serious import, the determination of misconduct should preferably be done in an oral hearing.
Only substantial procedural irregularities in the disciplinary investigation will render a disciplinary measure unlawful.
The Secretary-General has broad discretion in determining the appropriate disciplinary measure for the established misconduct and the Tribunal will only overturn a measure if it finds that it is excessive or unreasonable.