51³Ô¹Ï

Each of the three allegations were serious on their own. The compound nature of the allegations left no possibility for any other punishment than separation. The Organization’s zero-tolerance policy also entails severe punishments for those who engage in harassment (see, for instance, the Appeals Tribunal in Conteh 2021-UNAT-1171, para. 41).

The record indicated that the decision-maker weighed all factors, both mitigating and aggravating, before arriving at the contested decision. Since there was sufficient evidence that all factors were given due consideration, but that the aggravating...

The Tribunal found that:

(a) The Applicant did not satisfy the criteria which would support his claim to whistleblower protection.

(b) The facts of the contested decision were properly establised. Since the Complainant had the relevant qualifications and experience, the Applicant’s attacks on her were neither well founded, nor did they constitute a fair response or comment in the circumstances. The concerns were defamatory of her professionalism and integrity. Accordingly, the Applicant made disparaging remarks about the Complainant in front of other UNJSPF staff. In addition, the Applicant...

The UNAT first considered the staff member’s request for an oral hearing, and decided it was not necessary for the expeditious and fair disposal of his case.

The UNAT observed that when the only persons present in a physical assault are the perpetrator and the victim, an oral hearing may be useful for reaching credibility findings. However, in this case, the UNAT noted that the staff member and his counsel agreed that they had no witnesses to present at an oral hearing and preferred to rely on the investigation report. In these circumstances, the UNDT did not err in not holding an oral hearing...

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...

The Appeals Tribunal found that the Administration’s decision not to investigate further Mr. Lutfiev’s allegations against his former Chief of Staff was one which it was entitled to make given that the former Chief of Staff was no longer an UNRWA staff member.

Furthermore, the Appeals Tribunal was satisfied that the UNRWA DT’s decision rescinding Mr. Lutfiev’s separation from service was decided erroneously. The Dispute Tribunal applied the wrong methodology to its consideration of the grounds for Mr. Lutfiev’s separation from service and failed to undertake what is known as the four...

The UNAT noted that the staff member publicly engaged in acts of a sexual nature in a clearly marked 51³Ô¹Ï vehicle, bringing disrepute to the Organization and difficulties with the host country.

The UNAT found that the case was not one where the issues required the UNDT’s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a UNDT hearing had not affected its decision. The UNDT had before it a video clip depicting the actions in question, which were clearly of a sexual nature.

The UNAT agreed with the UNDT that the lawfulness of the...

The UNAT noted that the staff member allowed an unauthorized female individual to board a 51³Ô¹Ï vehicle assigned to him and to publicly commit acts of a sexual nature in the rear seat, bringing disrepute to the Organization and difficulties with the host country.

The UNAT found that the case was not one where the issues required the UNDT’s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a UNDT hearing had not affected its decision. The UNDT appropriately considered the former staff member's admissions, as well as the video clip...

The UNAT held that the Inspector General’s Office (IGO) and the Administration failed to properly consider relevant factors brought to their attention during the investigation into the staff member's misconduct. Specifically, they did not considerate the medical context in which the established misconduct occurred, which could have been exculpatory for the staff member. The UNAT found that they failed to investigate and appreciate the potential effects of the staff member's brain tumour and/or treatment on certain aspects of his interpersonal relations with other staff members.

The UNAT...

The Tribunal found no procedural flaws in the procedure adopted to investigate and impose the disciplinary action taken.

The Tribunal determined that the application should be denied since the misconduct committed by the Applicant was very serious and there were no mitigating factors. The Applicant refused to supply relevant information even though she knew that it was known that she had a sister working in the Organization.

The disciplinary measure imposed was therefore proportionate and fairly imposed, with full opportunity to respond to questions asked and clarify answers, if necessary.

A lack of cooperation is not always a relevant circumstance in every case to be taken as aggravating factor. Sometimes, if the lack of cooperation is not serious, it may not be taken as an aggravating circumstance. However, the nature of the case may affect how lack of cooperation during an investigation is viewed. Being dishonest and misleading during the investigation may be considered serious and be taken as a ground of aggravation. Therefore, it cannot be concluded that a lack of cooperation can never be considered as an aggravating circumstance.

While the Appeals Tribunal has repeatedly...