Right to confront complainant

The Tribunal decided to dismiss the application.

In the light of the facts established and the finding of misconduct, the three allegations mentioned in the sanctioning letter, relating to ‘sexual molestation’, constitute ‘serious misconduct’ under the terms of paragraph (b) of Staff Regulation 10.1. In addition, under paragraph (a) of Rule 10.2 of the Staff Rules, on the basis of which the sanction was imposed, dismissal is a possibility.

Dismissal is one of the most severe sanctions that can be imposed in an administrative or employment matter. However, a more lenient sanction would leave open...

The UNAT held that the UNDT committed an error of procedure such that it affected the outcome of the case in not holding an oral hearing and relying significantly on the OAIS investigation report to corroborate the truth of the events alleged by the Complainant, when there was no direct witnesses to the alleged misconduct and all the witnesses relied upon by the OAIS investigators obtained their evidence and information from the Complainant. As such, the UNAT concluded that their evidence was hearsay evidence and that the prejudice to the Appellant in admitting and relying upon this evidence...

UNAT considered an appeal by the Secretary-General. UNAT held that the weight of the evidence, in that case, justified the decision taken by UNICEF. UNAT held, while acknowledging the importance of confrontation and cross-examination of witnesses, that due process did not always require that a staff member defending himself against disciplinary action for summary dismissal had the right to confront and cross-examine his/her accusers. Under certain circumstances, denial of this right did not necessarily fatally flaw the entire process, so long as it was established to UNAT’s satisfaction that...

On appeal by the Secretary-General, UNAT found that UNDT erred in fact and in law in its finding that the facts of misconduct were not established by clear and convincing evidence. UNAT noted that a proper consideration of the whole of the evidence could only have led to one conclusion, and that is that the individual assaulted the victim. UNAT found that UNDT did not consider the evidence objectively, specifically by giving misplaced importance to minor inconsistencies, coming to unreasonable conclusions on the facts which were not supported by the evidence, and making speculations instead of...

UNAT held that the facts upon which UNRWA based its decision were established, in full respect of his due process rights. UNAT held that UNRWA DT did not err as there was clear and convincing evidence that the Appellant committed sexual exploitation and abuse against a beneficiary of UNRWA; neither did it err in concluding that the disciplinary sanction was proportionate and lawful. UNAT held that the Appellant, by having the complainant remove her pants and underwear and engaging in a such a sensitive and specific medical examination, which he did not have the required competencies and...