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The UNAT first reviewed the Secretary-General’s claim that the UNDT erred in finding that Mr. Loto’s application was receivable with respect to the entire period for which he was on ALWOP.  The Secretary-General contended that Mr. Loto had timely challenged only an initial ALWOP decision, and not a subsequent decision when the ALWOP was extended.  The UNAT dismissed the Secretary-General’s receivability argument, finding that the Secretary-General was estopped from raising it on appeal.  The UNAT observed that Mr. Loto had filed a request for management evaluation of the second ALWOP decision...

UNAT held that the undisputed facts, the evidence of a credible report, coherent hearsay evidence pointing to a pattern of behaviour, the consistency of the witness statements, the unsatisfactory statement of the staff member, and the inherent probabilities of the situation, taken cumulatively, constituted a clear and convincing concatenation of evidence establishing, with a high degree of probability, that the alleged misconduct in fact occurred. UNAT noted that the Organisation is entitled to and obliged to pursue a severe approach to sexual harassment and that the message, therefore, needs...