CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ JUDGMENT 3640 OF THE ADMINISTRATIVE TRIBUNAL OF THE INTERNATIONAL … Civil Service, Regulation 10.1 of Chapter X (Disciplinary measures) of the Staff Regulations and Staff Rules states the following: “Failure by a staff member to comply with his or her obligations under the Constitution, the Staff Regulations and Staff Rules or other administrative issuance, or to observe the Standards of Conduct expected of an international civil servant (emphasis added – JH), may amount to misconduct, and may lead to the institution of disciplinary proceedings and the imposition of disciplinary measures for misconduct.” However, regrettably, despite both legal and ethical obligations under the above instruments there are certain individuals who do commit acts of harassment. For this reason, it is necessary to investigate carefully, meticulously and promptly all cases of allegations of harassment. If the allegation of harassment has been proved, it is indispensable to impose on the person concerned disciplinary measures 8 in conformity with the above Chapter X. The imposition of disciplinary measures punishes the person responsible for harassment and has an important deterring effect 9 . As of today, ILOAT has adjudicated twelve claims against UNESCO alleging harassment. 10 To conclude this part, I decided to write about ILOAT Judgment 3640 essentially for two important reasons: (i) this Judgment did show the strong determination of the UNESCO 8 Rule 110.1 of the Staff Regulations and Staff Rules provides for the following disciplinary measures: (i) written censure; (ii) suspension without pay for a specified period; (iii) deferment, for a specified period, of eligibility for salary increment; (iv) loss of one or more steps in grade; (v) deferment, for a specified period, of consideration for promotion; (vi) demotion by transfer; (vii) termination; (viii) summary dismissal. The written censure is the most lenient sanction and the summary dismissal is the strictest sanction. While the disciplinary sanctions may be imposed on staff members, it does not mean, however, that non-staff members can commit acts of misconduct (including harassment) with impunity. Contracts of service contract holders may be terminated, among others, for improper conducts; contracts of individual consultants/specialists may be terminated, among others, for false declarations; contracts of short-term contract holders may be terminated, among others, for improper conduct or false declarations; and short term contracts for interpreters and translators may be terminated, among others, for wilful misconduct. Finally, if former staff members committed misconduct (including harassment) when being on active duty and the misconduct was discovered after their departure from UNESCO, they will not be offered any category of contract with the Organization once they left. Finally, there is a possibility to bring a suit before a national court against such former staff members. 9 When reporting on disciplinary measures taken by the Director-General during the year 2021, the Administration stated in part “ Summary of disciplinary measures taken in 2021 ”, sub-part “ A. Moral harassment ” the following: “A staff member was found responsible for moral harassment Sanction: Loss of three steps in grade and a mandatory training ” (cf. Information Circular IC/HR/211, published on 13 September 2022, “Disciplinary measures taken by the Director-General during the year 2021, on file with the author). 10 Judgments 4171, 4035, 4034, 3935, 3934, 3836, 3640, 3639, 3580, 3579, 3233, and 2654. All them are available through ILOAT’s website at https://webapps.ilo.org/dyn/triblex/triblexmain.advancedSearch?p_lang=en. (accessed on 19 June 2024).

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