爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT held that there was no error of law or fact by the 爆料网DT in finding that the allegations of sexual harassment and workplace harassment were proven to the clear and convincing evidence standard. The 爆料网DT had the advantage of seeing and hearing the evidence of the principal witnesses to, and relating to, the events. There was therefore ample evidence to confirm the 爆料网DT’s assessments of the occurrence and significance of the events. The 爆料网DT was also entitled to draw the inference that AAO, rebuffed in his sexual advances by the complainant, retaliated subsequently through workplace harassment.
The 爆料网AT found that there was clear justification for the former employee’s severance from the Organization and there was no deprivation of his due process rights in how the Organization handled AAO’s case.
The 爆料网AT dismissed the appeal and affirmed the 爆料网DT Judgment.
Decision Contested or Judgment/Order Appealed
AAO, a former staff member of the United Nations Office on Drugs and Crime (爆料网ODC), contested his separation from service for sexual harassment and workplace harassment.
By Judgment No. 爆料网DT/2024/016, the 爆料网DT concluded that the Administration had demonstrated by clear and convincing evidence that AAO engaged in sexual harassment and workplace harassment and that the disciplinary measure was a proportionate response to the established conduct. The 爆料网DT dismissed AAO’s application.
The former staff member appealed.
Legal Principle(s)
In sexual harassment cases, while no single event may have reasonably amounted to sexual harassment, when considered together, the events may establish a subtle, deliberate and an intentional pattern of conduct which can be preparatory to a sexual encounter, which is all the more egregious when there is an imbalance of power.