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While DD refused to give testimony to the Tribunal, and not being a United Nations staff member is not obliged to do so, this does not by itself render his interview statement inadmissible or otherwise invalid.; The Tribunal notes that the crux of the present case is whether the comments and proposals of the Applicant were of inappropriate sexual nature, or if instead, they simply concerned the security and safety of the premises or otherwise were nothing but jokes and lighthearted remarks.; As the Tribunal rejected all the Applicant’s submissions regarding the facts not having been...

Regarding the Respondent’s claim that the Applicant cannot challenge the managerial action imposed on him for failing to request a management evaluation, the Tribunal found that the challenged managerial action is a non-disciplinary measure imposed following the completion of a disciplinary process and therefore the Applicant can challenge it, along with disciplinary measures, without requesting a management evaluation under staff rule 11.2(b). Regarding the question of whether the facts on which the disciplinary measure was based were established, the Tribunal found that the facts that the...

There was clear and convincing evidence that the Applicant used his position of authority to unduly influence the continued employment of FM at GITTS, MINUSCA. The fact that the Applicant failed to disclose a conflict of interest arising from his sexual relationship with FM and his continued involvement in her recruitment at GITTS, MINUSCA were proved by clear and convincing evidence. The Applicant sent interview questions to the complainant, and there was clear and convincing evidence that the Applicant used his position of authority as Chief of GITTS, MINUSCA, to unduly influence the...

A very basic tenet of due process in a disciplinary case is that each of the relevant facts and allegations of misconduct must be presented to the accused person in such manner that s/he can easily understand them and is thereby afforded a fair and just opportunity to defend herself/himself. If not, the Administration cannot subsequently sanction a staff member against the backdrop of any such fact and/or allegation (in line herewith, see ST/AI/2017/1 (Unsatisfactory conduct, investigations and the disciplinary process), in particular para. 8.3). Further, this is a matter of access to justice...

In sum, based on the record on file and the oral evidence provided at the hearing held on 12-14 October 2021, the Tribunal finds that it is established that the Applicant slapped MK on 25 November 2016 but the rest of the allegations by MK are not established. Since it is established by clear and convincing evidence that the Applicant slapped MK, the established facts amount to misconduct. Considering the nature and gravity of the Applicant’s misconduct, mitigating circumstances that the Administration took into account, as well as the past practice of the Organization in matters of comparable...

The facts in support of both counts leveled against the Applicant (count 1: creating a hostile, offensive and humiliating work environment for one staff member and count 2: abuse of authority concerning the recruitment and employment of a consultant) have been established in the case at hand not only by preponderance of evidence, the applicable threshold, but also by clear and convincing evidence. The established facts were in violation of the applicable legal framework, namely ST/SGB/2008/5 and ST/AI/2013/4. Cases involving the creation of a hostile and offensive work environment have...