CF/EXD/2012-007

The UNAT observed that the Secretary-General elected to limit the scope of his appeal only against the findings of the UNDT with respect to two of nine instances of alleged misconduct by the former staff member. The UNAT further acknowledged that the Secretary-General’s contention was that the UNDT erred in law when it applied the legal tests for harassment and sexual harassment to the two incidents.

Nonetheless, the UNAT held that to determine the issue on appeal required more than simply an application of the correct legal test. To reach any conclusions requires more than simply...

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...

The Applicant claims that the preliminary assessment of her complaint was flawed, for not taking into consideration the totality of the evidence, and that OIAI was biased and applied an illusory standard to the level of gravity involved in the alleged harassment and abuse of authority.

However, notwithstanding the number of allegations made by the Applicant, the Tribunal notes that no evidence was provided to support a finding that the contested decision is illegal, unreasonable or improper, nor that the preliminary assessment was flawed.

On the contrary, it is clear that OIAI did in fact...

The UNAT held that the UNDT had not erred in holding that there had been clear and convincing evidence that the staff member harassed other staff members over a substantial period of time, and that this behaviour constituted serious misconduct. The UNAT affirmed that there was clear and convincing evidence to support the seven allegations that Ms. Iram used abusive language, made insulting remarks, shouted and bullied individuals, engaged in inappropriate touching, and made unwelcome contacts with individuals at their homes after working hours. The UNAT found that the staff member’s due...

Have the facts on which the disciplinary measure was based been established according to the applicable standard? It was alleged that during the Cox’s Bazar all-staff retreat in February 2020, the Applicant: a. Grabbed V01 from behind her and held her tight with his hands around her waist to the front of her body. He rested his head on her back while he pulled her back so that the front of his body rested against the back of her body. V01 did not consent to him touching her; and b. Hugged V02 from the front side of her body with his body pressed against her body. He hugged her with both his...

The Secretary-General appealed. UNAT found "questionable" the UNDT’s finding that the investigation reports were not thorough or procedurally fair. UNAT was satisfied that the manner in which the inquiry was conducted was adequate for the purposes of a preliminary assessment. UNAT found that in view of the fact that Ms. Rehman was not given or entitled to the reports, the impugned order of the UNDT essentially required the OIAI to provide a written, reasoned decision setting out the findings and reasons for its assessment that the complaints should not be referred to an investigation. The...

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.

It is unequivocally incumbent upon the Organization to provide anyone who files a complaint with a properly reasoned decision, especially when the complaint is being rejected. This also enables the staff member to promptly exercise other available options including a challenge to that decision. Endless email communications do not provide staff members with finality of a determination, thus placing them in a precarious situation if they are to challenge such a decision taking note of statutory time-limits.; This Tribunal found that the decision of the former UNICEF Representative PCO not to...

The information in the documents on record pointed to purely work-related disagreements between the Applicant and her supervisor. The Tribunal rejected the complaint that UNICEF’s Deputy Executive Director, Management (DED/M) did not take into consideration the facts in their entirety and misunderstood her statements when conducting the management evaluation. The Tribunal agreed with the finding that there was no evidence of abuse of authority or deliberate misrepresentation of facts by the Applicant’s supervisor. The Tribunal held that the Applicant’s complaint did not raise any impropriety...

The Tribunal cannot review the merits of the Applicant’s allegations of harassment or abuse of authority. Its jurisdiction is limited to the review of whether her resignation was caused by an action or inaction of Administration which was in violation of the applicable legal framework. The Applicant’s resignation was not caused by an action or inaction of the Administration but was her unilateral decision. Accordingly, this aspect of the application does not concern an administrative decision capable of judicial review and is not receivable. ; Given that the Tribunal found that the Applicant’s...