2024-UNAT-1476, Simone Monasebian
At the outset, the Appeals Tribunal noted that Ms. Monasebian had provided little or no reason in support of her request for the anonymization of the Judgment other than a general statement that the information in her case was sensitive. The Appeals Tribunal took the view that anonymization was not warranted in this case and dismissed her request.
The Appeals Tribunal was satisfied that the UNDT did not err in finding that there was a preponderance of the evidence that Ms. Monasebian had engaged in a pattern of conduct through which she created an intimidating, hostile and/or offensive work environment for her subordinate staff members and failed to uphold conduct befitting her status as senior international civil servant. Moreover, the Appeals Tribunal found that the UNDT correctly concluded that her actions constituted harassment and abuse of authority under ST/SGB/2008/5 and amounted to misconduct, and that the disciplinary measure was proportionate. Finally, the Appeals Tribunal held that the UNDT was correct in concluding that any flaws in the investigative process were not of a sufficiently material nature as to taint the fact-finding process and that Ms. Monasebian’s due process rights were observed in the investigation and the disciplinary process.
The Appeals Tribunal therefore dismissed the appeal.
Before the UNDT, Ms. Monasebian, a former Representative of the New York Liaison Office for UNODC, contested the decision to impose on her the disciplinary sanction of demotion of one grade (D-1 level to P-5 level) with deferment, for three years, of eligibility for consideration for promotion. Ms. Monasebian contested the decision before the UNDT.
By Judgment No. UNDT/2023/028 (Applicant v. Secretary-General of the United Nations), the UNDT dismissed the application. The UNDT concluded that there was a preponderance of the evidence that Ms. Monasebian had engaged in a pattern of conduct through which she created an intimidating, hostile and/or offensive work environment for her subordinate staff members and failed to uphold conduct befitting her status as senior international civil servant. The UNDT held that Ms. Monasebian’s actions constituted harassment and abuse of authority under ST/SGB/2008/5 and amounted to misconduct. The UNDT also found that, while there were some procedural flaws in the investigation, the flaws were later cured, and Ms. Monasebian’s due process rights had ultimately been respected. The UNDT moreover concluded that the disciplinary measure was proportionate.
Ms. Monasebian filed an appeal.
A decision to anonymize entails balancing competing factors. Included in the factors to be considered are the nature and extent of the misconduct; the position and employment record of the staff member; the impact of the decision on the staff member; the impact of such decision on the complainants; the impact of the decision on transparency, general deterrence, future and past conduct, both of the staff member and others; and other such factors. Personal embarrassment and discomfort are not sufficient grounds for redaction, with redaction only to occur in the most sensitive of cases. What is required is that an individual put up sufficient material to show that there is a need for anonymization which justifies a departure from the ordinary rule.
The Staff Regulations and Rules reflect an unequivocal commitment to ensuring that the dignity and worth of human beings, their equal rights, including their right not to be discriminated against, are valued and protected. Staff members are obliged to treat others with dignity and respect in an environment free from discrimination, harassment or abuse, including any abuse of power or authority. The work environment is to be free of intimidation, hostility, offence and any other form of prohibited conduct, with managers and supervisors under a duty to ensure the promotion of such an environment, one in which all staff members are able to engage constructively.
Where any staff member engages in behaviour which does not conform with the standard of conduct required of staff, such conduct must be investigated and acted upon in a manner which ensures that the rights of all staff members are protected, and that the workplace is not hostile for other staff members.