UNDT/2017/014

UNDT/2017/014, Kuai

UNAT Held or UNDT Pronouncements

The procedure for conducting investigations of allegations of harassment and abuse of authority by staff members of UNICEF is set out in Administrative Instruction CF/EXD/2012-007. The Applicant provided no evidence that the CF/EXD/2012-007 procedures were not complied with in relation to his case. The undisputed evidence before the Tribunal was that UNICEF’s independent OIAI discussed the allegations with the Applicant but concluded that it did not merit a comprehensive review and was not a well-founded allegation of prohibited conduct. It proposed alternative recourse, which the Applicant pursued. The Tribunal further noted that the Applicant and UNICEF subsequently concluded a settlement agreement in which the Applicant agreed to withdraw all his complaints related to his separation from UNICEF. The Applicant then alleged that he was forced to sign the separation agreement. He provided no evidence of the alleged duress. The Respondent, however, in Annexes R3 and R4 to the reply, filed a series of email exchanges between the Applicant and UNICEF management in which the Applicant described his grievances, his efforts at informal resolution of those grievances in accordance with CF/EXD/2012-007, his waiver of claims and desire to be bound by the terms of the separation agreement.

Decision Contested or Judgment Appealed

The Applicant was challenging what he described as the termination of his fixedterm appointment. In his application, the Applicant made several allegations of bullying, harassment, intimidation and abuse of authority against his supervisor and the UNICEF Country Representative.

Legal Principle(s)

The UNDT is not cloaked with jurisdiction to investigate harassment complaints under art.2 of the UNDT Statute. However, for the purpose of determining if the impugned administrative decisions were improperly motivated, it is within the competence of the UNDT to examine allegations of harassment. This is different from a de novo investigation into a complaint of harassment. It is not the task of the UNDT to conduct a fresh investigation into a harassment complaint rather its task is to determine if there was a proper investigation into the allegations.

Outcome

Dismissed on merits

Outcome Extra Text

Having found that the Applicant’s allegations of bullying, harassment, intimidation and abuse of authority by his supervisor and the UNICEF Country Representative were adequately addressed, the Tribunal dismissed the application in its entirety.

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.

Full Judgment

Applicants/ Appellants

Kuai

Entity

UNICEF

Case Number(s)

UNDT/NBI/2015/171

Tribunal

UNDT

Registry Location :

Nairobi