¹ú²úAV

The investigation successfully established that the Applicant engaged in workplace harassment in seven different occasions against the three complainants. By committing workplace harassment, the Applicant breached the highest standards of integrity and engaged in behaviour unbecoming of an international civil servant. As such, her conduct constitutes serious misconduct. However, the disciplinary measure of separation from service imposed on the Applicant was found to be too harsh of a penalty lin light of the Administration’s past disciplinary measures on other cases of comparable conduct, as well as the context in the backdrop of the decision. Thus, the Applicant’s right to have a sanction proportionate to the misconduct was found to have been violated. As a result, the Tribunal decided to rescind the disciplinary measure of separation from service with compensation in lieu of notice and with termination indemnity, replacing it by that of demotion of one step in grade with deferment, for three years, of eligibility for consideration for promotion. Should the Respondent elect to pay compensation in lieu of reinstatement, the Applicant shall be paid a sum of 12 months of her net-base salary at the rate she would have been paid had she been demoted at the time of her separation.