Ä¢¹½ÊÓƵAT Held or Ä¢¹½ÊÓƵDT Pronouncements
The Ä¢¹½ÊÓƵAT noted that the staff member publicly engaged in acts of a sexual nature in a clearly marked United Nations vehicle, bringing disrepute to the Organization and difficulties with the host country.
The Ä¢¹½ÊÓƵAT found that the case was not one where the issues required the Ä¢¹½ÊÓƵDT¡¯s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a Ä¢¹½ÊÓƵDT hearing had not affected its decision. The Ä¢¹½ÊÓƵDT had before it a video clip depicting the actions in question, which were clearly of a sexual nature.
The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the lawfulness of the investigation had already been considered and determined by the Ä¢¹½ÊÓƵDT in an earlier judgment.
The Ä¢¹½ÊÓƵAT observed that the Ä¢¹½ÊÓƵDT might not have addressed the staff member¡¯s criticism of a Ä¢¹½ÊÓƵDT judge in the impugned Judgment because it was irrelevant to this matter as that judge had not been involved in the present case.
The Ä¢¹½ÊÓƵAT found that the Secretary-General had considered all the relevant factors (aggravating and mitigating) and that the disciplinary measure imposed was consistent with prior precedent and proportionate to the offence, i.e. neither excessive nor unreasonable. The Ä¢¹½ÊÓƵAT held that as the "main actor" in this event, Mr. Antoine should have received a more onerous sanction as compared to other staff members in the vehicle.
The Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT¡¯s Judgment.
Decision Contested or Judgment/Order Appealed
A former staff member contested the disciplinary decision to dismiss him for having publicly engaged in sexually suggestive behaviour in a United Nations vehicle with an unauthorized female passenger.
In Judgment No. Ä¢¹½ÊÓƵDT/2023/059, the Ä¢¹½ÊÓƵDT dismissed the application.
The former staff member appealed.
Legal Principle(s)
As a factual finding of misconduct is of serious import, the determination of misconduct should preferably be done in an oral hearing.
Only substantial procedural irregularities in the disciplinary investigation will render a disciplinary measure unlawful.
The Secretary-General has broad discretion in determining the appropriate disciplinary measure for the established misconduct and the Tribunal will only overturn a measure if it finds that it is excessive or unreasonable.