Regulation 1.2(a)

On whether the facts were established by clear and convincing evidence, the Tribunal held that, based on the credible testimony and the other evidence in the record, the Respondent had established by clear and convincing evidence that the Applicant committed the acts upon which the disciplinary measure was imposed. The Tribunal found the testimony of the victim to be credible and established that the Applicant had indeed sexually harassed the victim. Regarding misconduct, the Tribunal concluded that there was sufficient evidence of sexual harassment and which did constitute serious misconduct...

Under “Preliminary Issues”, the Tribunal decided to strike from the record the Applicant’s motion for anonymity and to exceptionally accept the Applicant’s closing submission which exceeded the page limit.

Whether the facts on which the disciplinary measure was based have been established by evidence and up to the required standard of proof.

The Tribunal noted that the sanction was based on four allegations, which it considered separately. After having considered the evidence on record for each allegation, the Tribunal found that it had been established by clear and convincing evidence that...

There is no evidence that the facts that were taken into consideration to substantiate the investigator’s finding of “prior conduct” were properly investigated up to the threshold of clear and convincing evidence. Therefore, the credibility assessment made by the Administration via the use of prior conduct evidence cannot stand, and the alleged prior conduct evidence was not considered by this Tribunal in its judicial review of the facts.
With respect to the allegation that the Applicant sexually harassed V01, based on the 8 and 21 November 2017 emails, which confirm the Applicant’s...

On whether the facts were established by clear and convincing evidence, the Tribunal found the testimony of each of the Respondent’s witnesses to be credible and the testimony of the Applicant to be not worthy of belief. Based on the credible testimony and the other evidence in the record, the Tribunal held that the Respondent had established by clear and convincing evidence that the Applicant committed the acts upon which the disciplinary measure was imposed.

Regarding misconduct, the Tribunal concluded that there was sufficient evidence of sexual harassment, harassment, and abuse of...

The UNAT held that there was a clear disjunct in the UNDT’s decision to grant Mr. Nair’s application only in relation to the disciplinary measures (but not the administrative measures), and at the same time, rescinding the actual disciplinary decision.  The UNAT noted the confusion presented by UNDT’s finding that “no misconduct occurred at all”, while at the same time accepting that Mr. Nair had “repeatedly reacted and used hostile language” which justified, in the UNDT’s view, the imposition of administrative measures. The UNAT held that the administrative measures under Staff Rule 10.2(b)...

The undisputed facts are unambiguous and leave little room for different interpretations. An apology does not invalidate or undo the misconduct. The fact that the Applicant was not made aware of the negative impact of her practice has no relevance for the factual determination. As such, the Administration has established the facts underlying the disciplinary measure in question by preponderance of evidence.

The Applicant using expletives towards her subordinates and widely addressing her colleagues by nicknames in the workplace were compounded by her ignoring personal and professional...

While regrettably there is neither an eyewitness to the physical assault in question nor any security camera that could have captured the assault on video, the complainant provided, under oath, a detailed and coherent account of the physical assault in question, the circumstances leading to it and its aftermath. His account of the physical assault and subsequent events is corroborated by other witnesses’ testimonies, the documentary evidence and/or the Applicant’s contemporaneous behaviour, i.e., his attempt to bring some soft drinks to the complainant a few hours after the physical assault...

The UNAT held that because the possible error in the assessment of the facts by the UNDT had no bearing on the outcome of the case, the Secretary-General’s cross-appeal could not be received.

The UNAT found that although an Ivorian Court judgment, finding the staff member guilty of fraud, had not been cited in the sanction letter, this was inconsequential because it was clear from the record that he had been aware of the judgment when he applied for the position and completed the PHP specifying “no” to the question whether he had “ever been indicted, fined or imprisoned for the violation of...

The Tribunal found that the contested decision was lawful. The Tribunal found that the Applicant failed to uphold a conduct befitting her status as senior international civil servant. The Applicant, as a senior manager, was conferred a duty of care to promote a “harmonious work environment, free of intimidation, hostility, offence and any form of prohibited conduct” as per ST/SGB/2008/5, which she failed to do. The Applicant’s actions, as established by the facts, constituted harassment and abuse of authority under ST/SGB/2008/5 and amounted to misconduct.

The UNAT considered an appeal by the staff member.

The UNAT found that because of a combination of the staff member’s failure to recall the events in question and of the UNDT’s decision (concurred in by the parties) not to hold an in-person hearing, the UNDT had appropriately referred to the investigation report.

The UNAT was of the view that the UNDT had correctly determined the staff member’s acts were sexual in nature.  The staff member had, without invitation, encouragement or consent, embraced two different women in a sexual manner at a party at a staff retreat.  The UNAT held that the...