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The ±¬ÁÏÍøAT held that the staff member was responsible for having agreed that the ±¬ÁÏÍøDT should hear no direct evidence from witnesses in person but should decide the matter on the documents submitted. As an inquisitorial and not a solely adversarial tribunal, the ±¬ÁÏÍøDT could nevertheless have held a hearing. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT was entitled to conclude on the complainant¡¯s evidence alone that the staff member had engaged in a sexual relationship with her. Their sexual relationship was employment-related and thereby transactional. The ±¬ÁÏÍøDT was entitled to conclude that this was an...

The ±¬ÁÏÍøAT upheld the ±¬ÁÏÍøDT¡¯s conclusions that (1) four of the six incidents underlying the hostile work environment charge against the appellant were not established, but that two incidents were; and (2) appellant had unlawfully interfered with a recruitment exercise which also created a hostile work environment. The ±¬ÁÏÍøAT rejected appellant¡¯s contention that because the ±¬ÁÏÍøDT considered that certain actions were not harassment, that they could not constitute misconduct. Whereas certain comments by the appellant about the gender composition of the senior management team, or a failure by appellant...