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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s conclusion, that the assault committed was not misconduct and that the Organisation¡¯s jurisdictional competence did not extend to the physical assault of a non-Ä¢¹½ÊÓƵ staff member even where the assault is perpetrated by a staff member, was based on reasoning which was unsupported by law or the facts. Ä¢¹½ÊÓƵAT held that, not only the issue had not been raised in the case presented to Ä¢¹½ÊÓƵDT, but such a proposition had also no foundation in the staff regulations, staff rules, administrative instructions, or jurisprudence. Ä¢¹½ÊÓƵAT held...

The Organization¡¯s jurisdictional competence does not extend to the physical assault of a non-Ä¢¹½ÊÓƵ staff member by a staff member. It was within the province of the Respondent or his agents in this case to investigate the events leading up to the physical assault of Ms. Oduke. Having established that Ms. Oduke had been physically assaulted, the appropriate action for the Administration after that would have been for Ms. Oduke, as a non-staff member, to be advised or even assisted to file charges againstthe Applicant for assault in the appropriate local court. The conclusions of the local court...