UNDT/NY/2022/033

Considering the lack of any direct evidence before the Tribunal as the alleged victim declined to provide witness testimony, it found that the Respondent had not managed to prove with clear and convincing evidence, or even with the preponderance of evidence, the factual allegations leading to the USG/DMSPC’s conclusion that the Applicant had sexually harassed her. In the same vein, the Respondent also failed to demonstrate that the Applicant created a hostile work environment for her.

Whereas the Applicant’s actions and behavior were not up to the standard to be expected of a supervisor...

Considering the circumstances, the most appropriate remedy would be to rescind the contested decision (in comparison, see the Appeals Tribunal in Lucchini 2021-UNAT-1121 and Rolli 2023-UNAT-1346).

It is standard practice and courtesy in the Organization that, albeit fixed-term appointments, per definition, do not carry any expectancy of renewal under staff rule 4.13(c), a staff member whose fixed-term appointment is not to be renewed is to receive a pre-notification concerning the non-extension, at least 30 days before its expiry. The Respondent has not argued or submitted any documentation...