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N/A

The procedure for conducting investigations of allegations of harassment and abuse of authority by staff members of ±¬ÁÏÍøICEF is set out in Administrative Instruction CF/EXD/2012-007. The Applicant provided no evidence that the CF/EXD/2012-007 procedures were not complied with in relation to his case. The undisputed evidence before the Tribunal was that ±¬ÁÏÍøICEF¡¯s independent OIAI discussed the allegations with the Applicant but concluded that it did not merit a comprehensive review and was not a well-founded allegation of prohibited conduct. It proposed alternative recourse, which the Applicant...

The irregularities in the investigative process were egregious and warranted compensation. In addition, during the three years the investigation was delayed, the subject was no longer with the Organization, making it not possible to convene a new investigation.Relief: The Tribunal found the Applicant suffered emotional harm in having to prosecute his complaint for three years, harm to his reputation, and that such harm was demonstrated by the Applicant at trial and observed by the Judge as trier of fact. The ±¬ÁÏÍøDT found the decision of the responsible official to close the case was improper as...

The ±¬ÁÏÍøDT found that the Administration¡¯s failure to timey conclude its investigation was an act of omission and an implied administrative decision receivable by the ±¬ÁÏÍøDT. The personal crisis of one investigator did not account for the entire three years nor justify the Administration¡¯s failure to take corrective measures to control the delay. The excessive delay breached fairness and the Applicant¡¯s due process rights. Further, the Administrations¡¯ failure to respond to the Applicant¡¯s multiple reasonable follow up queries spanning three years constituted a breach of duty owed the Applicant...

The decision not to renew the Applicant¡¯s fixed-term appointment

The Tribunal found that there were no good reasons to depart from the principle of renewal pending completion of a rebuttal process. The Tribunal found that the Applicant¡¯s performance was not fairly evaluated, notably during the third and fourth evaluation cycles. Thus, these performance appraisals could not be relied upon to justify a decision not to renew the Applicant¡¯s fixed-term appointment. As a consequence, the Tribunal found that the third reason for not renewing the Applicant¡¯s fixed-term appointment, namely that she...

Pursuant to ITC/EDB/2015/07, when a fact-finding panel is appointed, it shall investigate the complaint and ¡°prepare a detailed report, giving a full account of the facts that they have ascertained in the process and attaching documentary evidence¡± (sec. 5.18). The report shall be submitted to the Director, DSP, who will review it together with the related documentation and make a recommendation on the appropriate course of action to the Executive Director, ITC (see secs. 5.15, 5.18, 5.19 and 5.20). Seeking assistance from OIOS was a reasonable solution in the framework of ITC/EDB/2015/07...

±¬ÁÏÍøDT held that the Settlement Agreement was properly before ±¬ÁÏÍøDT for its enforcement. ±¬ÁÏÍøDT noted that there was no special procedure prescribed by the ±¬ÁÏÍøDT Statute or Rules of Procedure or even by any of its Practice Directions for an applicant to bring an application for the enforcement of a Settlement Agreement. ±¬ÁÏÍøDT held that there was bad faith on part of the Respondent in regard to the Settlement Agreement by the non-renewal of the Applicant¡¯s contract. ±¬ÁÏÍøDT found that: a. The MONUSCO Administration exhibited bad faith during the negotiations by not informing the Applicant until after he...

In the matter of non-selection, it is evident that the Applicant was required to take a test but did not. The Applicant did not explain why she failed to take the test in any terms which show that the Administration must take responsibility for this failure. ±¬ÁÏÍøDT held that the Applicant must take responsibility for this failure and therefore can blame no-one other than herself for the non-selection. ±¬ÁÏÍøDT dismissed this aspect of the Application. ±¬ÁÏÍøDT held that the finding that there was insufficient evidence to pursue the matter of sexual harassment tantamounts to abuse abuse of authority on...

1)Whether the facts on which the disciplinary measure was based have been established: Transmission of pornographic images: Regardless of the Applicant¡¯s intent, the Tribunal found that it is established by clear and convincing evidence that he transmitted pornographic images (images of male genitalia) to and from his ±¬ÁÏÍø Women email account. Incidents involving Mr. SL: Considering the entire evidence, the Tribunal found Mr. SL¡¯s accounts credible which were corroborated by other evidence. It was established by clear and convincing evidence that the Applicant inappropriately touched Mr. SL and...

The Tribunal found that the Administration discharged the burden of establishing that misconduct had occurred with regard to most of the allegations and that the established facts legally amounted to misconduct under the regulations and rules. There were no due process violations in the investigation and in the disciplinary process leading up to the disciplinary sanction against the Applicant.