2013-Ģ��ƵAT-302

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT held that the weight of the evidence, in that case, justified the decision taken by Ģ��ƵICEF. Ģ��ƵAT held, while acknowledging the importance of confrontation and cross-examination of witnesses, that due process did not always require that a staff member defending himself against disciplinary action for summary dismissal had the right to confront and cross-examine his/her accusers. Under certain circumstances, denial of this right did not necessarily fatally flaw the entire process, so long as it was established to Ģ��ƵAT��s satisfaction that the accused was afforded fair and legitimate opportunities to defend his/her position. In the instant case, Ģ��ƵAT was satisfied that the key elements of the staff member��s rights of due process were met: he was fully informed of the charges against him and the identity of his accusers and their testimony. Ģ��ƵAT held that the staff member was able to mount a defence and to call into question the veracity of their statements. Ģ��ƵAT upheld the appeal and vacated the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

Ģ��ƵDT Judgment: The Applicant contested the decision to summarily dismiss him based on allegations of sexual harassment. Ģ��ƵDT concluded that the sanction of summary dismissal was based on unsubstantiated charges and that the Applicant��s due process rights were violated when he could not cross-examine the complainants, who did not appear at the hearing before Ģ��ƵDT.

Legal Principle(s)

Due process does not always require that a staff member defending himself against disciplinary action for summary dismissal has the right to confront and cross-examine his/her accusers.

Outcome

Appeal granted

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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.

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