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1)Whether the facts on which the disciplinary measure was based have been established: Transmission of pornographic images: Regardless of the Applicant’s intent, the Tribunal found that it is established by clear and convincing evidence that he transmitted pornographic images (images of male genitalia) to and from his UN Women email account. Incidents involving Mr. SL: Considering the entire evidence, the Tribunal found Mr. SL’s accounts credible which were corroborated by other evidence. It was established by clear and convincing evidence that the Applicant inappropriately touched Mr. SL and...

By not seeking the Medical Director’s feedback in a timely manner, the Registrar failed to take into consideration relevant matters before making the contested decision. The decision-making process was vitiated by a defect that rendered the contested decision irrational. The delay in the handling the Applicant’s complaint was unjustified. The Administration lawfully acted within its discretion in fulfilling its obligations under sec. 6.4 of ST/SGB/2008/5. The contested decision is rescinded and remanded to the IRMCT. The IRMCT shall review, in consultation with DHMOSH, whether additional...

UNDT held that that there was sufficient evidence in the investigation report that the Applicant harassed staff members and created a hostile work environment. UNDT held that there was no clear and convincing evidence, against the Applicant, that the recruitment of two local consultants was an act of misconduct on his part, as it was a managerial process in which he was not regularly involved. UNDT thus held that there was no basis for the inclusion of irregular recruitment in the charges against him. UNDT held that there was not clear and convincing evidence of sexual harassmet of C1 by the...

The Applicant seems to also challenge the Administration’s response to his request for management evaluation, which is not a reviewable administrative decision, and therefore the Tribunal will only review the contested decision itself. The governing legal framework in this case is ST/AI/2017/1 (Unsatisfactory conduct, investigations and the disciplinary process). ST/SGB/2008/5 is not applicable in this case as he did not allege that he was subjected to discrimination, harassment, or abuse of authority by Ms. A. Rather, the Applicant’s claim is that Ms. A filed a false and malicious complaint...

While DD refused to give testimony to the Tribunal, and not being a United Nations staff member is not obliged to do so, this does not by itself render his interview statement inadmissible or otherwise invalid.; The Tribunal notes that the crux of the present case is whether the comments and proposals of the Applicant were of inappropriate sexual nature, or if instead, they simply concerned the security and safety of the premises or otherwise were nothing but jokes and lighthearted remarks.; As the Tribunal rejected all the Applicant’s submissions regarding the facts not having been...

Regarding the Respondent’s claim that the Applicant cannot challenge the managerial action imposed on him for failing to request a management evaluation, the Tribunal found that the challenged managerial action is a non-disciplinary measure imposed following the completion of a disciplinary process and therefore the Applicant can challenge it, along with disciplinary measures, without requesting a management evaluation under staff rule 11.2(b). Regarding the question of whether the facts on which the disciplinary measure was based were established, the Tribunal found that the facts that the...

The Tribunal found that that there was clear and convincing evidence that the Applicant committed the misconduct complained of, and that the established facts qualified as misconduct under the Staff Regulations and Rules, further that the sanction was proportionate to the offence and was therefore lawful. The Tribunal also found that there were no due process violations in the investigation and in the disciplinary process leading up to the disciplinary sanction against the Applicant. The degree of sensitivity of the alleged misconduct did not constitute an exceptional circumstance warranting...

It is not the role of the Dispute Tribunal to evaluate the correctness of the contested decision but rather examine whether the Administration respected the bounds of its discretionary power in reaching it. While the Applicant alleged that evidence was ignored and that OIOS investigators were biased against him, he provided no detail in support of these assertions. Tribunal was satisfied that OIOS interviewed all relevant witnesses with respect to the incidents of alleged sexual misconduct and reviewed the available documentation. The Tribunal was also satisfied that the conclusion that the...

The past practice of the Organization in cases involving sexual harassment shows that disciplinary measures have been imposed at the strictest end of the spectrum, namely, separation from service or dismissal in accordance with staff rule 10.2(a), which has been affirmed by the Appeals Tribunal in various judgments

The Applicant did not request the complainant's testimony and therefore waived his right to cross-examine her despite being allowed the opportunity to make such request in due course during these proceedings. The complainant’s account remained detailed, coherent and consistent in her complaint and in the interview with the investigators. It was also largely corroborated by the statement of the colleague to whom she promptly reported the incident.The Tribunal also notes the absence of any evidence suggesting ill-motive on the side of the complainant. This evidence meets the standards laid out...