Ãå±±½ûµØ

UNDT/2011/046, Hallal

UNAT Held or UNDT Pronouncements

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 rules and regulations and amounted to serious misconduct; the ad hoc Joint Disciplinary Committee process was reasonable and that it was under no obligation to take steps, such as holding hearings or interviewing witnesses, if it reasonably considered that such steps were not necessary. The Tribunal further found that the Applicant failed to provide any evidence of illegality, irrationality or procedural impropriety regarding the Executive Director’s decision to separate the Applicant; and that separation without notice was proportionate to a finding of serious misconduct on the grounds of sexual harassment according to UNICEF’s practice, particularly with regard to staff rule 101.2(d), which is a prohibition on harassment. Outcome: The Applicant’s claim was rejected in its entirety.

Decision Contested or Judgment Appealed

The Applicant contested the decision to separate him without notice following a finding that he had committed a serious act of misconduct in the sexual harassment of another staff member .

Legal Principle(s)

Subjective belief of victimThe subjective belief of the victim must be taken into account in determining whether sexual harassment has occurred. Perceptions of a victim are not to be dismissed as being irrelevant in a case of sexual harassment.Corroboration of victim testimony in sexual harassment casesCredible oral victim testimony alone may be fully sufficient to support a finding of serious misconduct, without further corroboration being required.

Outcome
Dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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