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Outcome: For Applicant (relief to follow).

The investigation against the Applicant lacked integrity and credibility. The investigator was incompetent, exhibited bias and lacked objectivity and fairness. The Investigator¡¯s note-taker was not only allowed to conduct part of the investigation by solely administering questions to two witnesses, she was also allowed the liberty of expressing her views on how some evidence she had elicited from a witness should not change impressions earlier formed. The investigation report was biased, unreliable and unfair. The characterisation of certain facts was done in a manner intended to draw only...

Receivability ratione materiae: The Tribunal has jurisdiction to review the Administration¡¯s actions and omissions following a request for investigation submitted pursuant to ST/SGB/2008/5. Definition of harassment: Disagreements on work performance and other work-related issues are per se not excluded from the definition of harassment, and thus from the scope of ST/SGB/2008/5. Requirements to initiate an investigation and standard in appraising them: Section 5.14 of ST/SGB/2008/5 provides for two general criteria for the purpose of launching a fact-finding investigation: (1) that the formal...

Outcome: The application was rejected. The ±¬ÁÏÍøDT made the following findings: The preliminary fact-finding investigation was initiated properly, but was flawed, because the Applicant was not re-interviewed or given the opportunity to answer the allegations of sexual harassment in writing after the full scope of allegations became known to the investigation panel. However, these flaws did not vitiate the contested decision as they were cured in the process that followed. The findings of the fact-finding investigation report and the accompanying documents justified the decision to initiate formal...

Demotion: A demotion is not a purely financial disciplinary measure, unlike a fine or loss of steps. It also carries a stigma and a loss of responsibilities. Discretion of the Secretary-General in disciplinary matters: Due deference must be shown to the Secretary-General¡¯s choice of the appropriate disciplinary measure. Establishment of charges: If the disciplinary measure is justified with respect to the established facts in relation to a certain charge, it is not necessary to determine whether additional charges are also established. Violation of due process rights and compensation: Not...

Receivability: The Applications were filed within the applicable time limit, all the Applicant¡¯s claims were properly submitted for management evaluation and are therefore receivable. Full and fair consideration: The Applicant was not given full and fair consideration in the selection process. The Chief, ±¬ÁÏÍøON/DSS, has consistently employed personal methods to frustrate the Applicant¡¯s career prospects. Harassment: The Applicant was a victim of harassment in the workplace. The Chief, ±¬ÁÏÍøON/DSS¡¯ actions constituted harassment as defined under para. 1.2 of ST/SGB/2008/5. Abuse of authority: The...

±¬ÁÏÍøDT held that the Applicant¡¯s challenge to the expiry/termination of his contract was filed out of time and, thus, not receivable. There was no evidence before ±¬ÁÏÍøDT to show that a disciplinary investigation was conducted against the Applicant. ±¬ÁÏÍøDT held that if such an investigation did take place then there was no evidence that it was concluded, and no evidence that a formal disciplinary measure was imposed against the Applicant as a result. ±¬ÁÏÍøDT also held that the Applicant did not make a timely request for management evaluation with respect to this issue and, as such, it was not receivable...

The Tribunal noted that the delegation of authority in disciplinary matters from the SG to the USG for Management in July 2009 had not been published and as such lacked a substantial requirement for taking legal effect. Moreover, the Tribunal found that the USG for Management could not further delegate this power to another person, since any kind of ¡°sub-delegation¡± should have been provided for in the initial delegation of authority by the SG to the USG for Management, which was not the case. The decision to dismiss the Applicant was taken by the OIC, USG for Management. The Tribunal found...

Reasons for non-renewal: A staff member has a right to ask the administration to provide for reasons of non-renewal of his/her contract; if he/she does not ask, then he/she cannot claim not to have been given reasons for the decision and seek to infer negative inference. Fraught working relationship: If a staff member¡¯s work relationship with his/her superiors has deteriorated to the extent that there is no possibility of salvaging such a relationship, it is within the Administration¡¯s discretion not to renew such a contract.

Bias: The Tribunal held that the test for apparent bias is whether the fair-minded observer, having considered the facts, would conclude that there was a real possibility that the Interview Panel was biased. On the basis of the evidence about negative views held by one of the interview panel members about the Applicant, the Tribunal concluded that the test for apparent bias had been made out. Harassment, discrimination and abuse of authority: The Tribunal concluded that in spite of the adverse finding that the Applicant did not receive full and fair consideration in his application for the...