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The former staff member was placed on Administrative Leave Without Pay (ALWOP) pending the conclusion of an investigation into him for misconduct. At the time that the decision-maker considered extending the ALWOP period, only a Draft Office of Internal Oversight Services (OIOS) Report was available.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erroneously and definitively substituted its own determination of the facts for that of the Administration. It erroneously admitted after-the-fact independent forensic reports as relevant to the reliability of the evidence cited by OIOS, when these reports were not...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT did not err in finding that the decision to close the investigation into the former staff member¡¯s complaint was lawful.It found that the account of the incident in which B allegedly rubbed against her presented an equivocal case of sexual harassment, and that it was therefore open to the investigator and to the decision-maker to conclude that the case was of insufficient strength to pursue against B.The Ä¢¹½ÊÓƵAT further found that the two other incidents invoked by the former staff member ¨C B allegedly walking to her side in a corridor and offering her to drink...

The Ä¢¹½ÊÓƵAT held that the former staff member committed sexual harassment towards the Complainant by: i) entering her accommodation without invitation, hugging, kissing, and licking her forehead without her consent, reclining her on her bed to lie next to him, and refusing to leave when asked; and ii) telling her the following day that she had been unable to sleep because she had been thinking of him.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had provided a clear and reasoned analysis of the witnesses¡¯ credibility.It concluded that the Ä¢¹½ÊÓƵDT¡¯s determination that certain discrepancies in the Complainant¡¯s...

The Ä¢¹½ÊÓƵAT observed that the Secretary-General elected to limit the scope of his appeal only against the findings of the Ä¢¹½ÊÓƵDT with respect to two of nine instances of alleged misconduct by the former staff member. The Ä¢¹½ÊÓƵAT further acknowledged that the Secretary-General¡¯s contention was that the Ä¢¹½ÊÓƵDT erred in law when it applied the legal tests for harassment and sexual harassment to the two incidents.

Nonetheless, the Ä¢¹½ÊÓƵAT held that to determine the issue on appeal required more than simply an application of the correct legal test. To reach any conclusions requires more than simply regard to...

The Ä¢¹½ÊÓƵAT observed that the Secretary-General elected to limit the scope of his appeal only against the findings of the Ä¢¹½ÊÓƵDT with respect to two of nine instances of alleged misconduct by the former staff member. The Ä¢¹½ÊÓƵAT further acknowledged that the Secretary-General¡¯s contention was that the Ä¢¹½ÊÓƵDT erred in law when it applied the legal tests for harassment and sexual harassment to the two incidents.

Nonetheless, the Ä¢¹½ÊÓƵAT held that to determine the issue on appeal required more than simply an application of the correct legal test. To reach any conclusions requires more than simply regard to...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that ATR¡¯s claim for compensation as a victim of sexual harassment was not receivable because the contested administrative decision did not concern compensation and the applicable legal framework does not provide for such entitlement. The Ä¢¹½ÊÓƵAT noted that while Article 10(5)(b) of the Ä¢¹½ÊÓƵDT Statute allows for compensation for harm, this remedy must relate to the administrative decision under review, which in this case concerned disclosure of disciplinary measures, not compensation.

The Ä¢¹½ÊÓƵAT further held that the Ä¢¹½ÊÓƵDT exceeded its jurisdiction in...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT properly exercised its discretion in excluding the former staff member¡¯s allegations of racism within the CAF and his claim that his counsel was treated unfairly during the Ä¢¹½ÊÓƵDT hearing, as well as in denying his request to call the investigator to testify. Nevertheless, the Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵDT erred in finding that the facts underlying the alleged misconduct had been proven by clear and convincing evidence, particularly in its assessment of the credibility of the witnesses.

Regarding V01¡¯s allegations, the Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT improperly explained away...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that the Administration lawfully imposed the disciplinary measure of demotion by one grade with deferment for three years of promotion eligibility and gender?sensitivity training. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly applied the governing legal framework, including Staff Rule 1.2(f) and ST/SGB/2008/5, in determining that the staff member¡¯s conduct, an inappropriate remark referencing nudity and a stroking gesture, physical intimidation of a colleague, and leering at female staff, constituted sexual harassment and workplace harassment.

The...

The Ä¢¹½ÊÓƵAT found that Article 9(4) of the Ä¢¹½ÊÓƵDT Statute regarding the nature of the judicial review that the Ä¢¹½ÊÓƵDT conducts in disciplinary cases did not apply to the instant case as it was adopted after the hearing was held. The parties presented their evidence, including a chronology of agreed facts as well as live testimony, and made their respective post-hearing submissions, under a legal framework where Article 9(4) was not operative and it would be inappropriate, and a denial of due process, to apply a new evidentiary framework at the point of decision, ex post facto.

The Ä¢¹½ÊÓƵAT found that...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had not failed to exercise jurisdiction nor committed an error in procedure. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had not exceeded its broad discretion in overruling the objections of the staff member¡¯s counsel when it permitted additional questions by the Secretary-General¡¯s counsel and, in any event, the Ä¢¹½ÊÓƵDT¡¯s ruling had no material or prejudicial impact on the outcome of the case.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had not erred in finding that the picture the staff member had sent to the complainant had been of an explicit sexual and even pornographic character. The Ä¢¹½ÊÓƵAT...