UNDT/2018/095, Nadasan
The established facts considered in their entirety amount to misconduct in the form of sexual harassment. Sexual harassment can manifest itself in different forms, its determination is fact specific, and its occurrence is not limited to work places during work hours. The Applicant’s conduct amounts to sexual harassment in violation of staff rule 1.2(f). A plain reading of the Applicant’s Facebook messages shows their sexual nature. Moreover, in the Tribunal’s view, the Applicant was put on notice that his sexual advances were unwelcome by Ms. X’s text message in July 2012 requesting that he...