51ÁÔÆæ

The staff member¡¯s main claim pertain to the proportionality of the disciplinary measure meted out to him, that is of summary dismissal. The Appeals Tribunal found no fault in the UNDT conclusion that the staff member¡¯s behavior toward the Complainant amounted to serious misconduct. The Tribunal noted (paras. 53 - 56): ¡°¡­ By sexually harassing her, the Appellant violated the applicable Regulations and Rules. He did not conduct himself in a manner befitting his status as an international civil servant. His actions not only violated the Complainant¡¯s personal dignity but also adversely...

The investigation successfully established that the Applicant engaged in workplace harassment in seven different occasions against the three complainants. By committing workplace harassment, the Applicant breached the highest standards of integrity and engaged in behaviour unbecoming of an international civil servant. As such, her conduct constitutes serious misconduct. However, the disciplinary measure of separation from service imposed on the Applicant was found to be too harsh of a penalty lin light of the Administration¡¯s past disciplinary measures on other cases of comparable conduct, as...

Receivability ratione materiae. The Applicant¡¯s management evaluation request was not clear on whether he was making allegations of misconduct against his Supervisor, which would need to be dutifully investigated, or citing performance or management issues to be addressed by management. Similarly, the Applicant did not provide any evidence that the matter of lawfulness of the decision to place him on ALWP was ever formally contested by him. Hence, any determination against the decision not to further investigate the Applicant¡¯s complaints of harassment against his supervisor or against his...

UNAT considered an appeal by the Secretary-General. UNAT preliminarily held that the appeal was receivable, in accordance with Article 7(1)(a) of the UNAT RoP. UNAT noted that, although not all allegations of misconduct against Mr Masri were proved, some of the allegations were sufficiently supported by the evidence. UNAT held that the evidence established that Mr Masri met vendors at his home outside working hours and discussed UN Mission in the Democratic Republic of the Congo (MONUC) contracts, he received the benefit of interest-free loans from two vendors, and he gave assistance to a...

UNAT preliminarily held that the appeal should be regarded as timely because the initial submission in Arabic was received within the prescribed time limit. UNAT noted that the fact-finding committee acted in an objective and responsible manner in conducting its investigation and assessing the charges. UNAT noted that there was clear and convincing evidence supporting a finding of misconduct, which was not successfully rebutted by the Appellant, which alone was a sufficient basis for the impugned decision. Given the established misconduct and the seriousness of the incident, UNAT held that it...

UNAT preliminarily held that the appeal was receivable, as it was filed within the time granted for re-filing. With regards to the issue of the Appellant¡¯s termination, UNAT held that the UNRWA JAB¡¯s decision was legal, rational, and procedurally proper. UNAT held that it was an exceptional case where the doctrine of proportionality should be invoked. UNAT held that the decision to terminate the Appellant¡¯s services was disproportionate, more drastic than necessary. UNAT noted that the changes in the records that were made by the Appellant showed that she had originally not reflected that the...

UNAT noted that, when reviewing a sanction imposed by the Administration, it needed to examine whether the facts on which the sanction was based were established; whether the established facts legally amounted to misconduct; and whether the disciplinary measure applied was disproportionate to the offense. UNAT affirmed the Commissioner-General¡¯s decision to discipline the staff member for misconduct. However, in light of the mitigating factors, UNAT held that the disciplinary measure was disproportionate to the offense and substituted the disciplinary measure of demotion with that of a written...

UNAT preliminarily held that the appeal was time-barred. UNAT held that even if the appeal was not time-barred, it would be dismissed on merits. UNAT was satisfied that the established facts showed that the Appellant engaged in misconduct warranting a disciplinary measure. UNAT held that the imposed sanction was proportionate to the offence. UNAT further held that the Appellant did not demonstrate any violation of her due process rights. UNAT dismissed the appeal and affirmed the impugned decision to demote the Appellant.

UNAT considered appeals by both the Secretary-General and Mr Yapa. On the issue of the two-year ban on promotion, UNAT held that UNDT did not commit an error of law in considering that the general legal principle that a sanction may not be imposed on any person unless expressly provided for by a rule in force on the date of the facts held against that person must be respected in disciplinary matters. UNAT held that UNDT did not err on a question of law in finding that the sanction of a two-year ban on promotion lacked a legal basis. On the written censure and demotion, UNAT held that UNDT did...

UNAT recalled that when a disciplinary sanction is imposed by the Administration, the role of the Tribunal is to examine whether the facts, on which the sanction is based, have been established, whether the established facts qualify as misconduct, and whether the sanction is proportionate to the offence. UNAT held that in this case, the facts were so clear as to be irrefutable; no matter what the standard, the Administration met its burden of proof. UNAT dismissed the appeal and affirmed the UNDT judgment.