Courts mould the law, litigants guide the court
The UN Office of Administration of Justice (OAJ) explains “Work-related disputes at the United Nations cannot be resolved through national courts due to the Organization’s unique international legal status. For this reason, the Organization provides an internal system of justice for all UN system staff (emphasis added).” Sexual harassment is not a "work-related dispute", it is a form of discrimination, gender based violence, and a violation of the right of every worker for a safe and dignified workplace. We need to stop treating sexual and gender based harassment and discrimination at our work as a "work-related dispute".
Nonetheless, that is where most international organisation's stand today. And recourse to justice for victims/ survivors in their employ is limited to internal administrative processes where you are forced to sue your employer, and not the culprit, unless the conduct is criminal. Review this useful chart of the dispute resolution mechanism under the UN Secretariat to broadly understand the system widely in place. The internal process can be litigated by escalating a complaint to the international administrative tribunal that covers your organisation. You can access free legal assistance through the UN system's Office of Staff Legal Assistance (OSLA). Please see this easy guide to check whether your organisation is covered by their services and which administrative tribunal has jurisdiction over your case. But if you decide to go at it alone, refer to this recently launched toolkit to guide self-represented litigants before the UNDT, which has an easy to understand interactive video too! The ILOAT also produced a practical guide to the procedure before it, but its not as user-friendly because it simply restates the relevant law without breaking it down.
Sexual harassment is not a work-related dispute. We need to stop treating it like one.
The international administrative tribunals have years of established practice and case law, which together with the stated policy of your organisation, form the legal threshold that a complainant must meet to succeed in a case of prohibited conduct. AAPC is undertaking this research commitment of compiling all seminal judgements that form binding precedence and policy along with recent cases that are shaping the applicable law gradually. Our early analysis suggests a trend towards the complainant since late 2016. To undertake the project of comprehensive mapping of international administrative legal standards, we welcome the support of all interested individual and institutions. In the meanwhile, we update this page with judgements from UNDT, UNAT, ILOAT, and WBAT, while those from regional bodies are forthcoming.
United Nations Dispute Tribunal
- UNDT-2009-066 (Parker)
- UNDT-2010-118 (Cohen)
- UNDT-2011-046 (Hallal)
- UNDT-2012-034 (Perelli)
- UNDT-2018-095 (Nadasan)
United Nations Administrative Tribunal
- 2010-UNAT-012
- 2010-UNAT-068
- 2011-UNAT-114
- 2012-UNAT-209
- 2012-UNAT-253
- 2013-UNAT-280
- 2013-UNAT-291
- 2013-UNAT-302
- 2014-UNAT-415
- 2014-UNAT-417
- 2014-UNAT-483
- 2014-UNAT-486
- 2015-UNAT-572
- 2016-UNAT-612
- 2016-UNAT-621
- 2016-UNAT-662
- 2016-UNAT-695
- 2017-UNAT-716
- 2017-UNAT-718
- 2017-UNAT-761
- 2018-UNAT-819
- 2018-UNAT-868
- 2018-UNAT-869
- 2018-UNAT-885
- 2018-UNAT-889
- 2018-UNAT-890
- 2019-UNAT-343
- 2019-UNAT-915
- 2019-UNAT-918
- 2019-UNAT-929
International Labour Organisation Administrative Tribunal
- ILOAT Judgement 969
- ILOAT Judgement 2067
- ILOAT Judgement 2370
- ILOAT Judgement 2521
- ILOAT Judgement 2552
- ILOAT Judgement 2699
- ILOAT Judgement 2879
- ILOAT Judgement 3173
- ILOAT Judgement 3617
- ILOAT Judgement 3725
- ILOAT Judgement 3748 (in retaliation prejudice can be inferred)
- ILOAT Judgement 3777 (moral damanges for mishandling harassment claims)
- ILOAT Judgement 3831 (copy of investigation report can be provided)
- ILOAT Judgement 3875
- ILOAT Judgement 4047 (std of proof beyond reasonable doubt)
- ILOAT Judgement 4106 (no right to know all allegations prior to interview)
- ILOAT Judgement 4111 (compensation for flawed investigation)
- ILOAT Judgement 4207 (std less onerous than beyond reasonable doubt)
- ILOAT Judgement 4211 (dilatory moral damages)
- ILOAT Judgement 4237 (investigation completed after resignation)
- ILOAT Judgement 4241 (IOS investigations)
- ILOAT Judgement 4243 (institutional harassment)
World Bank Administrative Tribunal
- WBAT 244 Arefeen v. IBRD (substantial evidence for dismissal)
- WBAT 337 O v. IBRD (retaliation)
- WBAT 369 M v. IBRD (sexual harassment entails dismissal)
- WBAT 408 AK v. IBRD (compensation for retaliation)
- WBAT 409 AL v. IBRD (burden of proof on complainant)
- WBAT 438 Q (No.2) v. IBRD (
- WBAT 439 BI v. IBRD (retaliation)
- WBAT 496 Sekabaraga (No.2) v. IBRD (arbitariness)
- WBAT 513 CS v. IBRD (harassment)
- WBAT 514 Bodo v. IBRD (discrimination, retaliation)
- WBAT 548 DJ v. IFC (discrimination, LGBT)
- WBAT 552 DK v. IBRD (sexual harassment)
- WBAT 566 DO (No.2) v. IBRD (investigation)
- WBAT 600 EY v. IBRD (retaliation)
- WBAT 615 FC v. IBRD (sexual harassment)
European Union General Court/ Civil Service Tribunal
- Q v CEC 2008
- Sapara v Eurojust 2008
- Skareby v EC 2011
- Skareby v EC 2012
- Cerafogli v ECB 2012
- Garde v EESC 2012
- Allgeier v EUAFR 2012
- Andersen v CoA EU 2013
- Tzirani v EC 2013
- Oz v EIB 2019 (right to good administration)
- HF v EP 2020 (right to be heard, access to file)
Asian Development Bank Administrative Tribunal
- Ali Mohd. Azimi v ADB 2009 (burden of proof)
- Ms. D v ADB 2011 (no basis for Tribunal to investigate)
- Mr. E v. ADB 2014 (balance of probabilities, preponderance of evidence)
- Ms. G v ADB 2015 (due process, spirit of the rules, ex gratia payment)
- Ms. G v ADB 2016 (right to proper investigation)
- Mr. H v ADB 2017 (criminal complaint right of victim)
- Ms Maria Lourdes v ADB 2017 (bonafide discharge of duty, immunity)
- Ms. L v ADB 2017 (discrimination, disproportionate sanction)
- Ma. Edith T. Cruz v ADB 2018 (age discrimination)
African Development Bank Administrative Tribunal
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