51ÁÔÆæ

The Applicant was under the obligation to act with a minimum level of probity, impartiality, fairness, honesty and truthfulness as required by the established facts (staff regulation 1.2(b)). Also, if it is found that an actual or possible conflict of interest arose out of these facts, the Applicant was obliged to disclose this conflict to his head of office in order to allow UNVMC to mitigate its impact and resolve it in accordance with its own best interests (staff regulation 1.2(m)). Finally, if the Applicant¡¯s involvement in a matter could result in an actual or potential conflict of...

This case revealed overt sexual harassment where both words and physical touching were used and attempted to extract sexual favour, but even though no such favour was extracted, the harassment caused harm to the victim who was put in fear of loss of her position in the Organization and caused unnecessary tension in the staff relations between the persons involved.

In this case both words and acts were used together during a short period of persistence. When this happens in a work setting it can cause serious emotional stress and hurt. Based on the evidence this is what occurred in this case.

Under the definition of fraud, the Tribunal observed that the question of the Applicant¡¯s own benefit is not a required element to establish a finding of fraud. Rather, if found that by a misrepresentation, she intentionally deceived the 2017 and 2018 Staff Days and this actually or potentially caused prejudice to the 2017 and 2018 Staff Days, this is adequate.

The Tribunal found that, in the given circumstances, the Administration acted within the scope of its authority when finding that the Applicant had committed fraud. Accordingly, as per Asghar: (a) the Applicant misrepresented the...

The Tribunal found that, in the present case, there is no dispute that the decision was unilaterally made by the administration and that it involved the exercise of a power or the performance of a statutory instrument. The dispute is on whether the decision adversely affected the rights of the Applicant and produced direct legal consequences.

The Tribunal found that the Applicant¡¯s argument that ¡°UNOPS not only decided to charge [him], but also to maintain him in an indefinite status of ¡°charged person,¡± leaving him indeterminately prosecuted; since as¡ªat the time of the Application¡ªhe had...

The Tribunal was unpersuaded by the Applicant¡¯s claim that his participation in the Staff Day activities was ¡°essentially private conduct not involving [United Nations] resources¡± or that this was ¡°essentially a voluntary, social event¡±. The requirements for integrity, probity, honesty and truthfulness under the staff regulations and staff rules are not merely ¡°generic obligations¡± but are specifically intended to apply ¡°in all matters affecting [a staff member¡¯s] work and status¡±. [...] Accordingly, the Tribunal found that the established facts in this case amount to misconduct on the part of...

On whether the facts were established by clear and convincing evidence, the Tribunal held that, based on the credible testimony and the other evidence in the record, the Respondent had established by clear and convincing evidence that the Applicant committed the acts upon which the disciplinary measure was imposed. The Tribunal found the testimony of the victim to be credible and established that the Applicant had indeed sexually harassed the victim. Regarding misconduct, the Tribunal concluded that there was sufficient evidence of sexual harassment and which did constitute serious misconduct...

Under ¡°Preliminary Issues¡±, the Tribunal decided to strike from the record the Applicant¡¯s motion for anonymity and to exceptionally accept the Applicant¡¯s closing submission which exceeded the page limit.

Whether the facts on which the disciplinary measure was based have been established by evidence and up to the required standard of proof.

The Tribunal noted that the sanction was based on four allegations, which it considered separately. After having considered the evidence on record for each allegation, the Tribunal found that it had been established by clear and convincing evidence that...

There is no evidence that the facts that were taken into consideration to substantiate the investigator¡¯s finding of ¡°prior conduct¡± were properly investigated up to the threshold of clear and convincing evidence. Therefore, the credibility assessment made by the Administration via the use of prior conduct evidence cannot stand, and the alleged prior conduct evidence was not considered by this Tribunal in its judicial review of the facts.
With respect to the allegation that the Applicant sexually harassed V01, based on the 8 and 21 November 2017 emails, which confirm the Applicant¡¯s persistency...

On whether the facts were established by clear and convincing evidence, the Tribunal found the testimony of each of the Respondent¡¯s witnesses to be credible and the testimony of the Applicant to be not worthy of belief. Based on the credible testimony and the other evidence in the record, the Tribunal held that the Respondent had established by clear and convincing evidence that the Applicant committed the acts upon which the disciplinary measure was imposed.

Regarding misconduct, the Tribunal concluded that there was sufficient evidence of sexual harassment, harassment, and abuse of...

The Tribunal found no procedural flaws in the procedure adopted to investigate and impose the disciplinary action taken.

The Tribunal determined that the application should be denied since the misconduct committed by the Applicant was very serious and there were no mitigating factors. The Applicant refused to supply relevant information even though she knew that it was known that she had a sister working in the Organization.

The disciplinary measure imposed was therefore proportionate and fairly imposed, with full opportunity to respond to questions asked and clarify answers, if necessary.