UNDT/2020/146

UNDT/2020/146, Mohamed

UNAT Held or UNDT Pronouncements

The first contested decision – the ICSC refusal to address the Applicant’s request for payment of compensation for the sexual harassment she was subjected to by the ISCS Chair is moot because the current Chair of the ICSC eventually responded to the Applicant’s request. The Chair of the ICSC is not staff of the Secretariat and therefore falls outside the scope of ST/SGB/2008/5, or the Staff Regulations and Rules. The ICSC decision not to compensate the Applicant for the sexual harassment she was subjected to by the former Chair (second contested decision) is not attributable to the Secretary-General and therefore, not reviewable by the Dispute Tribunal. Related

Decision Contested or Judgment/Order Appealed

First contested decision: ICSC refusal to address the Applicant’s request for compensation for the sexual harassment she was subjected to by the former ICSC Chair. Second contested decision: ICSC refusal to compensate the Applicant for the sexual harassment she was subjected to by the former ICSC Chair.

Legal Principle(s)

ST/SGB/2008/5 only applies to staff of the Secretariat. The Administration has a duty to protect its staff from prohibited conduct regardless of the status of the person engaging in such conduct, as long as the conduct occurred in a work-related situation. The ICSC is not answerable to the Secretary-General.

Outcome

Dismissed as not receivable

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full judgment

Applicants/Appellants

Mohamed

Entity

ICSC

Case Number(s)

UNDT/NY/2019/069

UNDT/NY/2019/089

Tribunal

UNDT

Registry