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It is incumbent on the Applicant to allege and to prove that her complaint was not handled following the applicable procedures and/or that there was a failure to properly assess relevant and available evidence, which led to a manifestly unreasonable decision. After a careful review of the case file and the evidence before it, the Tribunal has not identified any procedural irregularity committed by OIOS in its preliminary assessment nor any wrongdoing. Instead, the Tribunal finds that the decision to close the complaint without any further action was well?substantiated and in line with the...

The Tribunal assessed the evidence gathered by the investigators in relation to each incident and concluded that, in most instances, there was no direct or corroboratory evidence of harassment or sexual harassment, and the investigators based their conclusions solely on V01¡¯s narrative. Since almost all the evidence in support of the finding of misconduct comes from V01¡¯s testimony, in opposition to that of the Applicant, establishing V01¡¯s credibility is an essential exercise for a proper adjudication of the case.

However, the investigation failed to adequately establish the reliability of...

The Appeals Tribunal found that the Ä¢¹½ÊÓƵDT erred in law by applying the improper legal framework, the relevant legal framework not being ST/SGB/2008/5, but the Ä¢¹½ÊÓƵFPA Disciplinary Framework and the Ä¢¹½ÊÓƵFPA Harassment Policy. The Ä¢¹½ÊÓƵAT explained that Ä¢¹½ÊÓƵFPA, being one of the separately administered funds of the Organization, has its own legal framework and is not regulated by the Secretariat¡¯s general administrative issuances such as ST/SGB/2008/5, unless otherwise stated or unless it has expressly accepted their applicability. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred when it found that Mr. Toson¡¯s request...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that there was clear and convincing evidence that the Appellant physically assaulted another staff member and that the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity, was proportionate to the nature and gravity of the Appellant¡¯s misconduct. Importantly, the Appellant did not establish a degree of provocation that mitigated her retaliation which was also excessive and beyond the bounds of any permissible defense in the altercation.

The findings of the Ä¢¹½ÊÓƵDT that the...

The Ä¢¹½ÊÓƵAT held that the complaint of sexual harassment filed by the staff member against her former supervisors (FRO and SRO) led to investigations whose reports were the basis for disciplinary processes and sanctions against both persons, as well as an additional administrative measure against her former SRO. The Administration acted promptly, when unofficially informed of the wrongdoing, by placing the staff member on certified sick leave for approximately two months, before reassigning her at her request to a new workplace. The letter informing her of the action taken also contained the...

The Ä¢¹½ÊÓƵAT held that the OAI recommendation in its investigation report that disciplinary action should be taken against the staff member did not constitute an administrative decision. Moreover, the recommendation of OAI was not a ¡°decision¡±. It was an intermediate recommendation and thus did not have a direct, legal or adverse effect. The Ä¢¹½ÊÓƵAT found that, likewise, the decision that there was insufficient evidence to charge the staff member with misconduct did not constitute an administrative decision because it did not have an adverse impact on his rights under the contract of employment. The...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had not erred in holding that there had been clear and convincing evidence that the staff member harassed other staff members over a substantial period of time, and that this behaviour constituted serious misconduct. The Ä¢¹½ÊÓƵAT affirmed that there was clear and convincing evidence to support the seven allegations that Ms. Iram used abusive language, made insulting remarks, shouted and bullied individuals, engaged in inappropriate touching, and made unwelcome contacts with individuals at their homes after working hours. The Ä¢¹½ÊÓƵAT found that the staff member¡¯s due...

Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing and held that it would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the Ä¢¹½ÊÓƵAT Rules of Procedure. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in striking the evidence filed with the Appellant¡¯s closing submissions or in refusing to hear the Appellant¡¯s supervisors as witnesses. Ä¢¹½ÊÓƵAT held that there was clear and convincing evidence that the Appellant used the Ä¢¹½ÊÓƵHCR VAT exemption card and credit card for his personal use and that the disciplinary measure was proportionate to the nature and gravity of...

The Ä¢¹½ÊÓƵAT held that there was a preponderance of evidence that the staff member was a passenger in a clearly-marked Ä¢¹½ÊÓƵ vehicle in which acts of a sexual nature took place as it circulated in a heavily-trafficked area of the city. His conduct constituted an exceptional circumstance in terms of Section 11.4(b) of ST/AI/2017/1, especially considering the serious and grave nature of the conduct in which he was involved, captured on the video clip which was circulated widely, causing significant harm to the reputation and credibility of the Organization. His placement on ALWOP was a reasonable...

The Ä¢¹½ÊÓƵAT held that there was no merit to the staff member¡¯s motion to strike from the record the Secretary-General¡¯s response to a Ä¢¹½ÊÓƵAT order requesting information. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had not erred in its determination that the available information established on a balance of probabilities that the staff member had engaged in the alleged misconduct justifying his placement on ALWOP. The video clip, circulated on social media and elsewhere, the equivocal concession (later to become an unequivocal admission) to being the person in the vehicle and the identification evidence alone...