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The staff member’s main claim pertain to the proportionality of the disciplinary measure meted out to him, that is of summary dismissal. The Appeals Tribunal found no fault in the UNDT conclusion that the staff member’s behavior toward the Complainant amounted to serious misconduct. The Tribunal noted (paras. 53 - 56): “… By sexually harassing her, the Appellant violated the applicable Regulations and Rules. He did not conduct himself in a manner befitting his status as an international civil servant. His actions not only violated the Complainant’s personal dignity but also adversely...

The rationale for imposing such an extraordinary administrative measure in matters of ALWOP concerning sexual misconduct is twofold, firstly to act as a deterrent for staff members from engaging in sexual exploitation and abuse and secondly, to protect the interests of the Organization by upholding its integrity and reputation. Any decision to extend ALWOP must be reasonable and proportionate. A decision to extend ALWOP is a drastic administrative measure and normally should be of short duration. In determining whether an extension of ALWOP is lawful, the Tribunal shall be guided by factors...

The case was decided by a bench of three judges. The Majority decided to dismiss the application with one Judge dissenting. On whether the facts of the case were established, the Majority concluded that the Respondent had substantiated with clear and convincing evidence the factual basis of the contested decision. Regarding misconduct, the Majority concurred that the act of forcing sexual intercourse, by the Applicant on the Complainant-(i.e., rape), amounted to sexual abuse in a grave form and, as such, constituted a serious misconduct prescribed by staff regulation 10.1(b) and staff rule 1.2...

The Tribunal found that the Administration properly qualified the Applicant’s conduct towards the Complainants as sexual harassment, but found the sanction disproportionate to the offence. The Tribunal is of the view that, while in the assessment of accusations of harassment the test focuses on the conduct itself - and requires an objective examination as to whether it could be expected or perceived to cause offence or humiliation to a reasonable person, being not necessary instead to establish that the alleged offender was ill-intended (see Belkahbbaz UNAT-2018-873, para. 76) -, the lack of...

The Tribunal concludes from the evidence that the Applicant commented adversely on V01’s clothing during his visit to the National Committee. However, while acknowledging that the comments may have been out of line given that he had no supervisory role over the staff in the National Committee, the Tribunal does not find that evidence supports that this conduct had a sexual component. The Tribunal is satisfied that there is clear and convincing evidence that the Applicant compared V01’s age to his son while stating that he tried to avoid speaking to older women. The Tribunal is also satisfied...

The Tribunal held that staff members’ obligations under staff regulations 1.2(a), (b) and (f) are not limited to the work environment but also apply in a certain way to their private lives. The Applicant’s actions constituted physical conduct of a sexual nature that might reasonably be excepted or be perceived to cause offence or humiliation to the complainant. There was no doubt that the Applicant’s conduct was unwelcome. The Tribunal found no grounds to review the level of the sanction imposed on the Applicant.

UNAT considered an appeal by the Secretary-General against the judgment on the merits (UNDT/2011/054) and two further appeals by both the Secretary-General and the Applicant of the judgment on compensation (UNDT/2011/131). Relying on its previous holding in Bertucci (2011/UNAT/114), UNAT held that UNDT erred in finding that the Administration violated the Applicant’s due process rights, as no actual prejudice was found. UNAT held that the established facts, as admitted by the Applicant, clearly demonstrated that he engaged in the sexual harassment of local employees and used his position of...

UNAT considered an appeal by the Secretary-General. UNAT held that the weight of the evidence, in that case, justified the decision taken by UNICEF. UNAT held, while acknowledging the importance of confrontation and cross-examination of witnesses, that due process did not always require that a staff member defending himself against disciplinary action for summary dismissal had the right to confront and cross-examine his/her accusers. Under certain circumstances, denial of this right did not necessarily fatally flaw the entire process, so long as it was established to UNAT’s satisfaction that...

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...

UNAT considered two appeals by the Secretary-General of judgment Nos. UNDT/2011/106 and UNDT/2011/192. UNAT held that it was satisfied that the Complainant did not share the Applicant’s desire to pursue a sexual relationship and that the Applicant’s conduct was unwelcome. UNAT held that the transmission by the Applicant of a photograph of his genitalia to a female colleague, much less a colleague under his supervision, could at its best, as found by the Joint Disciplinary Committee (JDC), be characterised as outrageous and most probably unwanted. UNAT held that the Secretary-General had clear...