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The required facts for a finding of sexual exploitation were not proven clearly, or at all, such that a decision to impose the sanction of separation could have been justified. There was also a failure to consider relevant evidence as to a prior courtship relationship between the parties that if considered would have shed further doubt on whether the Complainant was exploited. There was no factual basis for the investigators and the Respondent to have found that there was a relationship of trust that could have been abused. The Complainant was not a beneficiary of assistance from the United...

1)Whether the facts on which the disciplinary measure was based have been established: Transmission of pornographic images: Regardless of the Applicant’s intent, the Tribunal found that it is established by clear and convincing evidence that he transmitted pornographic images (images of male genitalia) to and from his UN Women email account. Incidents involving Mr. SL: Considering the entire evidence, the Tribunal found Mr. SL’s accounts credible which were corroborated by other evidence. It was established by clear and convincing evidence that the Applicant inappropriately touched Mr. SL and...

The Tribunal found that there was clear and convincing evidence that between 7 and 10 December 2016, at his residence, the Applicant had sexual intercourse with one Congolese woman, V0. By his own admission during the investigation, the Applicant procured sexual services of V0 whom he had picked up from a bar where he had been drinking and paid her FC40,000 through an intermediary, Francois. The Tribunal held that based on strict interpretation of the applicable legal provisions, in particular, staff rule 1.2(e), it did not make any difference that money was requested and paid after the sexual...

The Respondent requested the Tribunal to redact the names of the victim and her family from “any public filings in this case”. The Tribunal considered the request reasonable and decided to refrain from using the victim’s name as well as the name of the members of her family in its judgment to preserve their privacy and to protect them from any negative repercussion. Based on the evidence on file, the Tribunal found that the facts on which the disciplinary measure was based had been established by clear and convincing evidence. Since the Applicant had been working for the Organization since...

Public interest, transparency, scrutiny and accountability are not impaired by the removal of the Applicant’s name from the public domain. Consequently, and taking into consideration the sensitive nature of the facts, which involve alleged “sexual exploitation of a vulnerable person”, the Tribunal grants the Applicant’s request for anonymity. The decision not to renew the Applicant’s fixed-term appointment, communicated to him on 23 September 2019, is not grounded on disciplinary considerations, which were the subject of the instant case, and constitutes an autonomous administrative decision...

The impact of ALWOP on a staff member may be as onerous as summary dismissal, but without the fundamental contractual procedural fairness protections. An international staff member on ALWOP may remain in limbo for an undetermined period of time, unable to seek alternate employment or survive financially at the duty station away from their home country. The information available when the decision was made remained the same over an extended ALWOP period. The information was not sufficient for a determination that it was more likely than not that the Applicant committed misconduct grave enough to...

The impact of ALWOP on a staff member may be as onerous as summary dismissal, but without the fundamental contractual procedural fairness protections. An international staff member on ALWOP may remain in limbo for an undetermined period of time, unable to seek alternate employment or survive financially at the duty station away from their home country. The information available when the decision was made remained the same over an extended ALWOP period. The information was not sufficient for a determination that it was more likely than not that the Applicant committed misconduct grave enough to...

The impact of ALWOP on a staff member may be as onerous as summary dismissal, but without the fundamental contractual procedural fairness protections. An international staff member on ALWOP may remain in limbo for an undetermined period of time, unable to seek alternate employment or survive financially at the duty station away from their home country. The information available when the decision was made remained the same over an extended ALWOP period. The information was not sufficient for a determination that it was more likely than not that the Applicant committed misconduct grave enough to...

The Tribunal found that V01 was a credible witness. Her testimony was taken independently, bearing in mind all the circumstances, and established the facts that sexual exploitation and abuse took place. The Tribunal found W01 a credible witness, her testimony relating to the first incident which she resolved informally with the Applicant was consistent with and corroborated V01’s testimony. The Applicant did not successfully discredit this testimony. The Tribunal found that the established facts qualified as misconduct under the Staff Regulations and Rules. The Applicant engaged in sexual...