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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 Tribunal observed that the Applicant’s complaint involved one specific incident, i.e., a chain of emails where his performance was being criticized, which evolved into two managerial decisions by his supervisors: a transfer of functions and instauration of a PIP. The Applicant perceived those emails as harassment. However, for a staff member’s behaviour to be punishable as constituting the disciplinary offence of harassment pursuant to ST/SGB/2019/8, the analysis of said behaviour must pass a two-fold test: it must be found “improper and unwelcome” and “might reasonably be expected or be...

The acts of sexual harassment committed by the Applicant were of such a persistent and offensive nature that in keeping with the Organization’s zero-tolerance policy he could not remain on the job. However, the Organization’s policy on care and support for persons suffering with mental illness was also clear. The Applicant’s behaviour was influenced by severe mental illness. The illness ought to have been addressed in a more timely and considerate manner by the Respondent by denying his clearance to return to work in March 2015 and in August 2016. He may then have retired due to ill-health...

OIOS acted in accordance with the procedures set down in ST/SGB/2019/8 and ST/AI/2017/1, taking into account all relevant considerations in reaching its decision under section 5.1 of ST/AI/2017/1 to take no action on the complaint. Accordingly, there was no foundation for the substantive claim made by the Applicant, nor any foundation for any award of compensation. An investigation would not resolve the dispute between the Applicant and the SRSG, since there clearly was and remains inter-personal differences between them. Instead, it would likely deepen the divide between them. An...

The contested decision fell within the Administration’s margin of appreciation and was a reasonable exercise of discretion. Under the applicable legal framework, the Applicant is not entitled to force the Administration to investigate her complaint. To the contrary, the responsible official is provided with a discretion to initiate or not to initiate an investigation under the applicable legal framework. The decisionmaker reasonably decided not to investigate the Applicant’s complaint in light of the alleged harasser’s resignation. The decision was also procedurally compliant as the...

Having examined the evidence on file, particularly the panel’s investigation report and its annexes, the Tribunal is satisfied that OHCHR properly handled the Applicant’s complaint against his FRO, and that the case record fully supports the reasonableness of the decision not to initiate disciplinary proceedings against said FRO. The Tribunal further observes that the Applicant’s due process rights as set forth in ST/SGB/2008/5 and ST/AI/2017/1 were respected. The Applicant was inter alia interviewed and given an opportunity to provide his version of events and informed of the outcome of his...