2021-UNAT-1146 | SYSTEM OF ADMINISTRATION OF JUSTICE

2021-UNAT-1146, Secretary-General of UN

UNAT Held or UNDT Pronouncements

UNDT erred in deciding that Mr. Adriantseheno had been charged solely with sexual harassment, that his behavior towards Vo1 and Vo2 did not constitute sexual harassment, and that his due process rights were violated.

Decision Contested or Judgment Appealed

No. UNDT/2020/195

Legal Principle(s)

Physically enveloping a woman without her permission and against her will constituted sexual harassment, even if it was a single incident that occurred in public. There is no legal basis for suggesting that offensive or humiliating behavior ceases to be sexual harassment if the victim gives the perpetuator no warning or signal that the behavior is unwelcome and reports it to the appropriate authorities only when she feels safe to report it with the support of other victims. Nor does the perpetuator’s failure to do what he threatened to do (sleep in the victim’s room for the night) or the fact that he stopped accosting the victim change the unwelcome nature of his conduct or exclude his conduct from being sexual harassment.

Outcome

Appeal granted

Outcome Extra Text

Appeal granted; contested decision upheld; and UNDT Judgment reversed.

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Secretary-General of UN

Entity

ECA

Case Number(s)

2021-1513

Tribunal

UNAT

Registry Location :

New York