±¬ÁÏÍø

The Tribunal found that the use of the investigation report was not subject to the confidentiality agreement between the parties; it was an autonomous document, which was lawfully used in court. The decision did not constitute a disciplinary measure. It was taken pending the completion of the disciplinary process and was without prejudice to the Applicant¡¯s rights. More than one circumstance warranting the placement of the staff member on ALWP occurred. The Applicant could be dismissed or separated from service with the United Nations for breach of the duty of trust and confidence, in...

There are incidents on which the Applicant had no direct knowledge. Consequently, he has no standing in filing a complaint of prohibited conduct in relation to them.

It was inappropriate for the Director, DA, ±¬ÁÏÍøOG, to play an instrumental role in the constitution of the investigation panel considering that he was the decision-maker in relation to one alleged incident, was a material witness in the investigation and was highly likely to be interviewed by the investigation panel. Several factors cumulatively gave rise to a reasonable perception of a conflict of interest on the part of a panel...

Scope of judicial review and the contested decision The Applicant described the contested decision as a failure to implement ¡°measures to promote a harmonious work environment and protect personnel from prohibited conduct through preventive measures¡±. As remedies, the Applicant sought damages for moral harm and emotional distress resulting from the Administration¡¯s breach of its duty to ensure a harmonious work environment. Accordingly, the Applicant seeks to contest the Administration¡¯s failure to take appropriate measures to promote a harmonious work environment and protect him from...

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...

±¬ÁÏÍøAT rejected Mr. Valme¡¯s claim that the allegation of sexual exploitation and abuse had not been established against him, on grounds that any consideration about the complaint of sexual abuse was beyond the scope of the case, because his application concerned other prohibited conduct that came to light during the investigation. ±¬ÁÏÍøAT found no merit in Mr. Valme¡¯s contention that the ±¬ÁÏÍøDT failed to consider the totality of the evidence and referred to it in a selective way, thereby displaying bias. ±¬ÁÏÍøAT found that it was inherent to the principle of judicial persuasion that courts and...

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT correctly found that, in light of the circumstances of the case, the Panel [appointed to undertake a fact-finding investigation into Duparc et al.¡¯s complaint], had failed to consider whether the limits of the managerial discretion were respected. ±¬ÁÏÍøAT rejected the Secretary-General¡¯s argument that ±¬ÁÏÍøDT conducted an investigation de novo and thus exceeded its authority and usurped the Secretary-General¡¯s sole and exclusive authority in disciplinary matters. ±¬ÁÏÍøAT observed that when ±¬ÁÏÍøDT rescinded the decision based on the investigatory Panel¡¯s report, it did not draw any...

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT did not err when it held that ST/AI/2017 was the governing legal framework applicable to the case. ±¬ÁÏÍøAT held that joint representation by ±¬ÁÏÍø-Women, where the Appellant currently served, and ±¬ÁÏÍøMIK, where the events in dispute occurred, was justified. ±¬ÁÏÍøAT held that the circumstances also justified the granting of an opportunity to supplement the initial reply (and a corresponding right to reply). ±¬ÁÏÍøAT held that, given that the Appellant had not contested the joint representation before ±¬ÁÏÍøDT at the time and having been afforded the opportunity to answer the supplementary...

Mr. Okwir appealed. ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT correctly held that the OiC/OIOS had the authority to take the decision not to investigate Mr. Okwir¡¯s allegations. As Section 4.3 of ST/SGB/2019/2 provides that all subdelegations issued by the predecessor shall remain valid unless otherwise withdrawn or modified by the successor, the ±¬ÁÏÍøDT concluded that the mere fact that the new USG/OIOS began her term did not make subdelegations by the predecessor invalid. ±¬ÁÏÍøAT concluded that on 25 October 2019, both the ASG/OIOS and the newly appointed USG/OIOS were competent to make the decision. The new USG...

±¬ÁÏÍøAT held that the Appellant had no standing to seek consideration by a full bench. ±¬ÁÏÍøAT held that to the extent ±¬ÁÏÍøDT engaged in a fact-finding exercise of its own, this was not a legitimate exercise of its competence. ±¬ÁÏÍøAT held that the Administration¡¯s failure to provide adequate reasons for the contested decision resulted in the contested decision being unlawful. ±¬ÁÏÍøAT held that the Administration¡¯s failure to exercise its discretion with regard to carrying out an investigation also rendered the contested decision unlawful. ±¬ÁÏÍøAT allowed the appeal in part. ±¬ÁÏÍøAT vacated the ±¬ÁÏÍøDT Judgment by...

The Secretary-General appealed. ±¬ÁÏÍøAT found "questionable" the ±¬ÁÏÍøDT¡¯s finding that the investigation reports were not thorough or procedurally fair. ±¬ÁÏÍøAT was satisfied that the manner in which the inquiry was conducted was adequate for the purposes of a preliminary assessment. ±¬ÁÏÍøAT found that in view of the fact that Ms. Rehman was not given or entitled to the reports, the impugned order of the ±¬ÁÏÍøDT essentially required the OIAI to provide a written, reasoned decision setting out the findings and reasons for its assessment that the complaints should not be referred to an investigation. The...