UNDT/2023/028, Applicant
The Tribunal found that the contested decision was lawful. The Tribunal found that the Applicant failed to uphold a conduct befitting her status as senior international civil servant. The Applicant, as a senior manager, was conferred a duty of care to promote a “harmonious work environment, free of intimidation, hostility, offence and any form of prohibited conduct” as per ST/SGB/2008/5, which she failed to do. The Applicant’s actions, as established by the facts, constituted harassment and abuse of authority under ST/SGB/2008/5 and amounted to misconduct.
The Applicant appealed the decision of the Under-Secretary-General for Management Strategy, Policy and Compliance to impose on her the disciplinary sanction of demotion of one grade (D-1 level to P-5 level) with deferment, for three years, of eligibility for consideration for promotion
Managers are conferred a duty of care towards their subordinates, in part due to the acknowledged disparity in the positions of power between them. The lack of direct confrontation from their junior staff does not absolve a manager of their duty of care. In addition, in this case it is clear that the Applicant did not create a safe and open work environment for her junior staff to have been able to give the Applicant such feedback.
The Tribunal noted that when a staff member with managerial responsibilities or in a senior position engaged in repeated actions constituting harassment or abuse of authority, the sanctions were more severe, ranging from loss of steps in grade to demotion.