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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General against the judgment on the merits (Ä¢¹½ÊÓƵDT/2011/054) and two further appeals by both the Secretary-General and the Applicant of the judgment on compensation (Ä¢¹½ÊÓƵDT/2011/131). Relying on its previous holding in Bertucci (2011/Ä¢¹½ÊÓƵAT/114), Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the Administration violated the Applicant¡¯s due process rights, as no actual prejudice was found. Ä¢¹½ÊÓƵAT held that the established facts, as admitted by the Applicant, clearly demonstrated that he engaged in the sexual harassment of local employees and used his position of...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the weight of the evidence, in that case, justified the decision taken by Ä¢¹½ÊÓƵICEF. Ä¢¹½ÊÓƵAT 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 Ä¢¹½ÊÓƵAT¡¯s satisfaction that...

Ä¢¹½ÊÓƵAT considered two appeals by Ms Perelli, against judgment Nos. Ä¢¹½ÊÓƵDT/2012/034 and Ä¢¹½ÊÓƵDT/2012/100. On the matter of due process, given Ms Perelli had the opportunity to rebut allegations and contents of the relevant report, Ä¢¹½ÊÓƵAT held that these procedural steps were part of her due process entitlements and, to the extent that Ä¢¹½ÊÓƵDT found the Administration to have respected these procedural steps, Ä¢¹½ÊÓƵAT upheld the finding of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Investigation Panel report satisfied neither the remit given to it nor the statutory requirements of ST/AI/371. Ä¢¹½ÊÓƵAT held that Ms Perelli was...

Ä¢¹½ÊÓƵAT considered two appeals by the Secretary-General of judgment Nos. Ä¢¹½ÊÓƵDT/2011/106 and Ä¢¹½ÊÓƵDT/2011/192. Ä¢¹½ÊÓƵAT held that it was satisfied that the Complainant did not share the Applicant¡¯s desire to pursue a sexual relationship and that the Applicant¡¯s conduct was unwelcome. Ä¢¹½ÊÓƵAT held that the transmission by the Applicant of a photograph of his genitalia to a female colleague, much less a colleague under his supervision, could at its best, as found by the Joint Disciplinary Committee (JDC), be characterised as outrageous and most probably unwanted. Ä¢¹½ÊÓƵAT held that the Secretary-General had clear...

As a preliminary matter, Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing. Ä¢¹½ÊÓƵAT then considered the Appellant¡¯s claims that the facts were not established by clear and convincing evidence, that there were procedural flaws during the disciplinary proceedings, and that his separation from service was not warranted. Ä¢¹½ÊÓƵAT held that clear and convincing evidence showed that the Appellant harassed all the alleged victims and abused his authority, in violation of WFP¡¯s Harassment Policy. Ä¢¹½ÊÓƵAT also held that Ä¢¹½ÊÓƵDT correctly found that the sanction of separation from service was proportionate...

Ä¢¹½ÊÓƵAT considered the appeal of Mr Bagot and the cross-appeal of the Commissioner-General. Ä¢¹½ÊÓƵAT held that the Commissioner-General¡¯s cross-appeal was receivable. Ä¢¹½ÊÓƵAT agreed with the findings of Ä¢¹½ÊÓƵRWA DT that the established facts regarding the lunch and the events that took place in the apartment did not amount to misconduct. Ä¢¹½ÊÓƵAT held that the only reasonable conclusion available to the first instance Judge was that the facts of the alleged misconduct were not established by clear and convincing evidence, in light of the plot and the sequence of the events, assessed in conjunction with the...

Ä¢¹½ÊÓƵAT rejected the motion for leave to comment on the answer to the appeal, finding that the matters that the Appellant sought to address in her comments would be essentially a repetition of, or supplementary to, her submissions. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly reviewed the contested decision in accordance with the applicable law and addressed the concerns identified by Ä¢¹½ÊÓƵAT by establishing the critical facts as instructed. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT's conclusions were consistent with the evidence. Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT¡¯s finding that the Appellant failed to establish that the decision not to...

Ä¢¹½ÊÓƵAT held that the undisputed facts, the evidence of a credible report, coherent hearsay evidence pointing to a pattern of behaviour, the consistency of the witness statements, the unsatisfactory statement of the staff member, and the inherent probabilities of the situation, taken cumulatively, constituted a clear and convincing concatenation of evidence establishing, with a high degree of probability, that the alleged misconduct in fact occurred. Ä¢¹½ÊÓƵAT noted that the Organisation is entitled to and obliged to pursue a severe approach to sexual harassment and that the message, therefore, needs...

On the delay before Ä¢¹½ÊÓƵDT, Ä¢¹½ÊÓƵAT agreed that the delay was unfortÄ¢¹½ÊÓƵATe but held that the Applicant had not demonstrated that it was a procedural error affecting the outcome of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in exercising its case management discretion when it refused the request for an oral hearing, but that this error did not affect the decision of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err as there was clear and convincing evidence that the Applicant had committed sexual harassment. Ä¢¹½ÊÓƵAT held that the disciplinary sanction of separation from service with compensation in lieu of notice and...

The Appeals Tribunal found that Mr. Karkara failed to show that the Ä¢¹½ÊÓƵDT¡¯s assessment of the evidence had resulted in a manifestly unreasonable decision. It also found that the Ä¢¹½ÊÓƵDT did not make any errors with regard to the admissibility of witnesses. The Ä¢¹½ÊÓƵAT further found that the Ä¢¹½ÊÓƵDT did not commit any procedural error, and Mr. Karkara¡¯s allegations of procedural irregularities did not put the Ä¢¹½ÊÓƵDT¡¯s findings into doubt. Accordingly, the Ä¢¹½ÊÓƵAT agreed that there was clear and convincing evidence of sexual abuse and exploitation by Mr. Karkara. The Ä¢¹½ÊÓƵAT also held that the sanction of...