51³Ô¹Ï

Discretion of investigators: Duly authorised investigators have a discretion to determine the information that they deem relevant to gather and probe further. However, such discretion is not unfettered. Investigations must be conducted in a fair, balanced and impartial manner.

Admissibility and value of evidence: Circumstantial evidence, as well as hearsay, are admissible in the Organization’s internal justice system. However, their probative value is more limited than that of direct evidence. Mere statements of witnesses holding that the Applicant had engaged in other instances in behavior...

UNDT accepted the Applicant’s witnesses’ as evidence as relevant and admissible. The witnesses generally addressed theatmosphere in which the United Nations Interim Security Force for Abyei (UNISFA) staff in Abyei functioned, including the reaction of the principal chiefs of the Dinka tribe to policy changes which they did not like. This raised issues to be considered in assessing the complaints of Complainants 1 and 2. Complainants 1 and 2 did not sign or indicate the veracity of their statements. This failure to authenticate the statements created doubt as to the veracity of the statements...

The Applicant’s attempt to hug V01 did not on its own qualify as an unwelcome sexual advance or request for sexual favour or verbal or physical conduct or gesture of a sexual nature or any other behaviour of a sexual nature. The Applicant’s asking for V01’s room number on multiple occasions did not constitute sexual harassment. The facts did not establish sexual harassment as defined in ST/SGB/2008/5 and as interpreted in various jurisprudence. The Respondent’s investigations were skewed toward finding a case for sexual harassment regardless of the inadequacy of evidence to substantiate the...

The Tribunal ruled that Annex 18 to the application was inadmissible. According to the Applicant, the annexure comprised of a publicly released commentary and analysis of the case. The Tribunal found that such commentary has no value, evidential or otherwise, being that whoever compiled it was not subject to the Tribunal’s jurisdiction. That being the case, the veracity of the comments was not and could not be tested. The commentary neither amounted to evidence nor to parties’ submissions. Based on the uncontroverted evidence that the Applicant refused to participate in a follow-up interview...

The Tribunal ruled that Annex 18 to the application was inadmissible. According to the Applicant, the annexure comprised of a publicly released commentary and analysis of the case. The Tribunal found that such commentary has no value, evidential or otherwise, being that whoever compiled it was not subject to the Tribunal’s jurisdiction. That being the case, the veracity of the comments was not and could not be tested. The commentary neither amounted to evidence nor to parties’ submissions. Based on the uncontroverted evidence that the Applicant refused to participate in a follow-up interview...

The charge was properly investigated and proffered. There was due process of law and the Applicant at all times had every opportunity to refute the charge and show that UNDP had failed to prove it by clear and convincing evidence or that there were mitigating circumstances. There was no doubt in the process and the ability of the Applicant to understand the charge and make representation about it. Any difficulty in contradicting the charge during the process with documentary evidence was cured by the fact that the matter was provided an oral hearing before the Tribunal.

Accountability...

UNDT held that that there was sufficient evidence in the investigation report that the Applicant harassed staff members and created a hostile work environment. UNDT held that there was no clear and convincing evidence, against the Applicant, that the recruitment of two local consultants was an act of misconduct on his part, as it was a managerial process in which he was not regularly involved. UNDT thus held that there was no basis for the inclusion of irregular recruitment in the charges against him. UNDT held that there was not clear and convincing evidence of sexual harassmet of C1 by the...