UNDT/2011/116

UNDT/2011/116, Guimaraes

UNAT Held or UNDT Pronouncements

Outcome: The Tribunal found that the Applicant’s due process rights were observed by the Organization in its handling of the complaint and rejected the application in its entirety. The Tribunal found that the actions of the Organization in handling the complaint, both individually and in aggregate, met the requirements of due process.

Decision Contested or Judgment Appealed

The Applicant contested the Organization’s handling of a complaint of sexual harassment made against him by another staff member.

Legal Principle(s)

Discretionary decisions relating to the assignment and relocation of staff membersThe Respondent enjoys a broad discretion with regard to assigning his workforce, both in location and in function, in the best interests of the Organization. The Tribunal will give due deference to such decisions, unless they are illegal, irrational or procedurally flawed, or in exceptional cases, where a measure is disproportionate.Organization’s involvement in disputes of a personal natureWhile the Respondent should not, as a matter of course, get involved in disputes of a personal nature, where allegations relate to sexual harassment and have an implication for safety and security, the Organization must be particularly cautious and it seems reasonable for the Respondent to take more assertive action where both parties to the dispute are staff members.

Outcome

Dismissed on merits

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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

Guimaraes

Entity

�山��Secretariat

Case Number(s)

UNDT/NY/2010/036/UNAT/1685

Tribunal

UNDT

Registry Location :

New York