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UNDT/NY/2010/020/UNAT/1623

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The Applicant contended that the Complainant’s evidence contained numerous discrepancies and that the Complainant had exercised prevarication over her own statements and had displayed ambivalence over attempts to privately resolve the matter. The Applicant further contended that the finding of sexual harassment was based on the victim’s own perception of the Applicant’s actions. The Tribunal found that: based on the testimony and the entire file, the facts upon which the disciplinary measure was based were established; by any objective measure, the Applicant’s conduct was prohibited by UNICEF...