51ÁÔÆæ

A false allegation of sexual harassment against the Applicant and the sensitive information regarding V01¡¯s medical history in the present case constitute exceptional circumstances warranting anonymity.

The Administration erred in concluding that the Applicant making inappropriate comments between February and May 2018 constituted harassment of V01 and that the Applicant¡¯s handling of V01¡¯s complaint against Mr. N. constituted harassment and abuse of authority. The Applicant¡¯s due process rights were respected during the investigation and the disciplinary process.

Although not constitutive...

The administrative decision to close a staff member¡¯s complaint with no disciplinary action produces direct legal consequences affecting his/her terms and conditions of appointment. Moreover, when the claim concerns issues covered by ST/SGB/2008/5, the staff member is entitled to certain administrative procedures. If he or she is dissatisfied with their outcome, he or she may request judicial review of the administrative decisions taken. Accordingly, the application is receivable in its entirety.
The Panel did not comply with its duty to take the necessary steps to obtain the testimony of one...

The deadline for the Applicant¡¯s request for compensation for any alleged irregularity in the handling of his complaint of misconduct started on 27 June 2019 when he was notified of the outcome of the complaint. The 27 June 2019 notification rendered the decision resulting from the Applicant¡¯s complaint final and therefore reviewable under art. 2.1(a) of the Tribunal¡¯s Statute. Consequently, the notification date starts the clock running for any challenge of such administrative decision. Under staff rule 11.2(c), the Applicant had 60 days to request management evaluation of the contested...

The contested decision identified by the Applicant is not a final administrative decision that is related to the Applicant¡¯s terms of appointment or contract of employment. It is an operational decision of general application that promoted a change in the reporting lines of all staff members serving in that organization. Such a decision is within the scope of the managerial discretion of the organization in question. Accordingly, the application is not receivable ratione materiae.

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...

At the time of the contested decision to not investigate his complaint of harassment and abuse of authority into his separation from service and alleged blacklisting, the Applicant had been separated from service for more than four and a half years and was no longer a staff member in the strict sense. Therefore, for the application to be receivable, the contested decision must have a bearing on the Applicant¡¯s status as a former staff member in the sense that it affects his previous contractual rights. In determining whether the contested decision affects the Applicant¡¯s previous contractual...

Whether the Administration provided a valid and fair reason for the contested decision In determining whether a valid and fair reason exists to terminate the Applicant¡¯s appointment for unsatisfactory performance, the Tribunal will examine in turn the following issues: i. Whether the Applicant in fact failed to meet the performance standards; ii. Whether he was aware, or could reasonably be expected to have been aware, of the required standards; iii. Whether he was given a fair opportunity to meet the required standards; and iv. Whether termination of appointment is an appropriate action for...

Two types of interim measures - with different functions, preconditions, restrictions and scope - have to be clearly distinguished. Art. 13 RoP has to be applied exclusively during the pendency of the management evaluation, whereas art. 14 RoP is appropriate only during judicial review in terms of art. 2 and 8 Statute; in short: it is either 13 or 14 ¨C never both. Orders based on art. 13 RoP become ineffective with the end of management evaluation. The present application had to be considered under art. 13 RoP since the contested decision of 12 October 2009 was released under new conditions...

UNDT preliminarily held that only facts occurred from early 2005 to 7 November 2007 were to be taken into consideration with regard to the allegations of harassment leveled by the Applicant. Consequently, reported actions and decisions dating back to 2004, in particular the non-promotion of the Applicant in 2004, were excluded from the present Judgment. Regarding the remainder of the application, UNDT held that the Applicant failed to provide sufficient evidence to substantiate his allegations that he was subjected to harassment by the Organization and that the latter bore responsibility for...