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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...

The Ä¢¹½ÊÓƵAT noted that the staff member allowed an unauthorized female individual to board a United Nations vehicle assigned to him and to publicly commit acts of a sexual nature in the rear seat, 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 appropriately considered the former staff member's admissions, as well as the video clip...

The Ä¢¹½ÊÓƵAT held that the Administration provided a thorough and detailed analysis of the factors required to be considered in the disciplinary context. This included : the past practice of the Organization in comparable matters, the seriousness of the misconduct; whether the conduct was accidental, careless, reckless, or deliberate; whether the staff member followed procedures and was self-aware of the conduct; whether, given the staff member¡¯s experience, the misconduct was minor, substantive, or severe; the risk of damage to the Organization and staff; as well as any mitigating factors.

The...

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s application for revision failed to meet the statutory requirements outlined in Article 11(1) of the Ä¢¹½ÊÓƵAT Statute. It found that the facts raised by the staff member were not unknown to him before the issuance of the Ä¢¹½ÊÓƵAT Judgment and, in any event, would not have changed the outcome of the case, which was found to be not receivable. The Ä¢¹½ÊÓƵAT further held that the staff member¡¯s arguments were irrelevant and reiterated those he previously advanced before the Ä¢¹½ÊÓƵAT.

The Ä¢¹½ÊÓƵAT dismissed the application for revision.

Accountability Referral: The Ä¢¹½ÊÓƵAT noted...

The Ä¢¹½ÊÓƵAT held that Mr. Kankwenda, a late participant in the Ä¢¹½ÊÓƵJSPF, married another individual, Ms. M.T., in the Democratic Republic of Congo (DRC) in 1971. This fact, which Ms. Isasi herself did not contest, was supported by a marriage certificate and was consistent with the information regarding the dates of birth of Mr. Kankwenda¡¯s children and the identities of their mothers. The Ä¢¹½ÊÓƵAT highlighted that Ms. Isasi admitted that the two marriage certificates she submitted after Mr. Kankwenda¡¯s death, purportedly showing their marriage on 17 January 1971, were falsified, undermining her...

The Ä¢¹½ÊÓƵAT noted that the essence of the administrative decision had been that the staff member was not entitled to cashed-up unused annual leave from a second appointment taken up within 12 months of relinquishing a first appointment after which such leave had been commutated.

The Ä¢¹½ÊÓƵAT observed that the staff member¡¯s request for management evaluation referred to the Administration¡¯s alleged ¡°continued failure¡± to compensate him the commutation of annual leave. The Ä¢¹½ÊÓƵAT found that the reference reinforced a conclusion that it had been the consistent decision conveyed to him over several months...

The Ä¢¹½ÊÓƵAT held that the former staff member failed to provide evidence to prove entitlement to compensation for harm suffered. In particular, the Ä¢¹½ÊÓƵAT found that no evidence was submitted proving a nexus between the illegality committed and any harm suffered by the former staff member as a result. The Ä¢¹½ÊÓƵAT highlighted that the medical report submitted by the former staff member recorded that she had complained of lack of sleep and headaches ¡°for several years¡± and that such symptoms were consistent with a previous diagnosed medical condition.

As to the costs of the appeal, since there was no...

The Ä¢¹½ÊÓƵAT noted that the staff member had requested to be reclassified at Grade HL7 in her e-mail dated 2 January 2017 and her subsequent communications had been reiterations of that request.

The Ä¢¹½ÊÓƵAT held that the Administration should compensate the actual loss of income the staff member incurred from the moment her reclassification should have been implemented. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵWRA DT had appropriately considered the time limit of six months reasonable. The Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵRWA DT had not erred in law or fact in holding that she should be paid the difference in salary and...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT Judge was not obligated to indicate their inclination on the evidence, especially since all evidence had not yet been presented.

Considering various elements, including the Investigation Report, the WhatsApp message exchanges, and the former staff member¡¯s admissions, the Ä¢¹½ÊÓƵAT found the Complainant¡¯s account of events credible. It concluded that the former staff member¡¯s alleged conduct of calling the Complainant to his room on 1 August 2020 and asking her to come to his bed was established by clear and convincing evidence and amounted to sexual harassment. It...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT acted within its discretion by issuing the impugned Judgment without holding an oral hearing, especially as the issue for consideration was one of receivability. The Ä¢¹½ÊÓƵAT also held that the Ä¢¹½ÊÓƵDT did not err in failing to give the staff member an opportunity to comment on the Secretary-General¡¯s reply as he did not file a motion for additional pleadings.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly identified that the contested decision was the Administration¡¯s decision not to reclassify his position.

The Ä¢¹½ÊÓƵAT held that the staff member should have appealed the...