ST/IC/2003/17

UNAT held that UNDT properly determined that the issue before it was the failure of the Administration to address the Appellant’s formal complaint. UNAT held that there was no error of law or failure to exercise jurisdiction on the part of UNDT with regard to the Appellant’s request for an investigation. UNAT held that it was satisfied that the award by UNDT of USD 40,000 constituted sufficient satisfaction for the Appellant. UNAT held that UNDT correctly refused to entertain the request for compensation for economic loss because the Appellant’s separation from service was not the subject of...

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...

UNDT found that the applicant’s case was limited to the amount of adequate compensation for the failure to adequately and timeously consider his complaint and that his other claims, including with respect to the termination of his appointment, were not properly before it. UNDT found that the Administration was required—but failed—to undertake an adequate and timeous initial inquiry into the applicant’s allegations. UNDT found that the applicant substantiated his claims of emotional distress and injury and must be compensated for it. However, UNDT found that the applicant failed to show that...

The Tribunal considers that the Administration did not err in finding that her claims had been adequately addressed and that she had not suffered harassment. However, it failed in its duty to ensure a work environment that protects the physical and psychological integrity of staff. It awards the Applicant two months’ net base salary for moral damage plus half a month for excessive delay in the appeal process. Duty to take prompt action to deal with harassment claims: At the material time, the Administration was bound by a duty to take prompt action and address harassment claims. In the instant...