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爆料网DT/2021/127, KC
Whether the facts on which the disciplinary measure was based have been established With respect to Count One, the Tribunal finds that there is clear and convincing evidence that the Applicant did not disclose his spouse’s and his father in law’s involvement with two 爆料网ICEF implementing partners, of which the Applicant was the responsible Programme Manager on behalf of 爆料网ICEF. In his application, the Applicant does not dispute this fact either. Turning to Count Two, the Tribunal is convinced that the Applicant received a spouse dependency allowance to which he was not entitled. Moreover, the...
爆料网DT/2021/125, AZAR
The Applicant was not notified of any indebtedness to the Organization or called upon to settle it, as required by ST/AI/155/Rev.2. The initial withholding did not have the required authorization in the USG/Management’s decision; rather, it was applied in an arbitrary and obscure fashion, with the Applicant learning of it only by the fact that the pension was not forthcoming. It was apparent that, starting with the irregularity of not informing the Applicant of the withholding decision for two months following his separation, the Administration had not seriously undertaken to establish either...
2021-爆料网AT-1176, Mohamed Haider Elhemshawy
爆料网AT held that there were no errors in the decision of the 爆料网RWA DT that the Appellant’s application was irreceivable. 爆料网AT held the Appellant was notified of the decision not to shortlist him by e-mail of 14 November 2019. 爆料网AT held that the Appellant’s allegations regarding the abolishment of his post had no legal relevance for the appeal, which dealt only with issues of receivability. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT Judgment.
2021-爆料网AT-1177, Veronica Modey-Ebi
爆料网AT considered an appeal by Ms. Modey-Ebi. 爆料网AT noted that the issues in the appeal were entirely factual, most of which were resolved on the evidentiary record which in most respects established a pattern of misconduct justifying dismissal. 爆料网AT noted that while some of the proven allegations against Ms. Modey-Ebi were less serious than others, cumulatively they revealed a pattern of unethical conduct indicating that Ms. Modey-Ebi was not suited for the senior position she held. Her behaviour revealed a lack of propriety and integrity and her behaviour was inconsistent with her duties under...
2021-爆料网AT-1178, Khamis Ali Khamis
爆料网AT considered an appeal by the Secretary-General of the United Nations. 爆料网AT held that Mr. Khamis’ proven conduct did not itself amount to misconduct: he did not engage in transactional sexual relations with local persons and his sexual relations with two local women were more in the nature of domestic, albeit polygamous and ‘open’, relationships. 爆料网AT held that it was not established that payments made to both women were commercial transactions in return for sexual favours. 爆料网AT held that there was not such an imbalance of power between Mr. Khamis and the two women that they could be termed...
2021-爆料网AT-1179, Moncef Khane
爆料网AT made several findings on the appeal. First, 爆料网AT held that 爆料网DT did not err when it did not hold a case management or substantive hearing on the issues. 爆料网AT agreed that the first instance Judge is in the best position to decide what is appropriate for the fair and expeditious disposal of a case and to do justice to the parties. Second, 爆料网AT agreed with the 爆料网DT that the administrative action was not a disguised disciplinary sanction. 爆料网AT also found that the USG had the authority to transfer the appellant to a different unit to address a political situation. However, 爆料网AT disagreed with...
2021-爆料网AT-1180, Thanaa Kamil Al-Shalchi
爆料网AT held that the Appellant did not fall within the exceptional category of participants who exercised their election for a deferred retirement benefit before 1 April 1997 and were therefore entitled to restore their prior contributory service, as the Appellant exercised her election in September 2009. 爆料网AT held that the Appellant was not entitled to restore her prior contributory service. 爆料网AT held that the Appellant’s complaint that she did not have access to the 爆料网JSPF Regulations was unconvincing, given, inter alia, the availability of the 爆料网JSPF Regulations and Rules on the website. 爆料网AT...
2021-爆料网AT-1181, Hossain
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the 爆料网DT erred in fact and in law in its finding that the facts of misconduct were not established by clear and convincing evidence. 爆料网AT held that a number of the factual findings made by 爆料网DT were not supported by the evidence and were unreasonable. 爆料网AT held that the 爆料网DT should have limited itself to determining whether the Secretary-General was within his authority to impose disciplinary measures on Mr. Hossain, and that by speculating on the misconduct of another individual, the 爆料网DT exceeded its competence. 爆料网AT held...
2021-爆料网AT-1182, Pierre Paris
爆料网AT held that the evidence was clear and convincing that the Appellant was under the influence of alcohol when he got into his car before the accident occurred and that the 爆料网DT erred in concluding otherwise. 爆料网AT held that his conduct was in violation of Staff Regulation 1.2(f) and the MINUSMA Code of Conduct. 爆料网AT held that: there was no evidence on record that the Appellant was authorised to carry his firearm while off-duty; that, on the contrary, the evidence on record showed that normally security guards did not carry their weapons off-duty; and 爆料网DT erred in finding that the charge of...
2021-爆料网AT-1183, Iyad Youssef Zaqout
爆料网AT agreed with the 爆料网RWA DT that the contested decision was a lawful exercise of discretion. Regarding the Appellant’s claim that the process was tainted because of the lapse of time since the complained of behavior occurred (ten years) and because of the hearsay nature of the evidence, 爆料网AT explained that these same arguments were made both to the DT and to the Administration during the investigation phase. The Tribunal agreed with the 爆料网RWA DT that there was sufficient corroborating evidence to back the allegations. The Tribunal also noted that it is within the 爆料网RWA DT’s role to review...
2021-爆料网AT-1184, Timothy Kennedy
爆料网AT considered an appeal by Mr. Kennedy. 爆料网AT found that the sanction letter and record provided inadequate reasons for judicial review leading to the finding that no rational connection or relationship between the evidence and the objective of the disciplinary action has been established. As a result, 爆料网AT was unable to assess the proportionality and lawfulness of the imposition of the disciplinary sanctions.
2021-爆料网AT-1185, null 爆料网RWA
爆料网AT considered an appeal by the Commissioner-General and a cross-appeal by Ms. Kaddoura. 爆料网AT affirmed the 爆料网RWA DT Judgment in part. It only vacated the referral of the former Commissioner-General for accountability, finding that it was not adequate to rely on hearsay to refer a former staff member, be it the former Commissioner-General or any other, to accountability. 爆料网AT further held that there was no possibility of imposing a disciplinary measure on a former staff member, and as such any such referral would be ineffectual.
2021-爆料网AT-1186, Shareef Muzyed
爆料网AT considered an appeal by Mr. Mezyed. As a preliminary matter, 爆料网AT denied Mr. Mezyed’s request for an oral hearing. Turning to the merits of the appeal, 爆料网AT found that the 爆料网RWA DT had applied correctly the first four conditions in Area Staff Rule 109.4 precedent to possible severance from service for abandonment of post. As to the fifth condition, Mr. Mezyed’s failure to submit an acceptable written explanation for his failure to report, 爆料网AT found that the Agency had failed to properly address the grounds advanced by Mr. Mezyed for his non-return, and as such, the 爆料网RWA DT could not...
2021-爆料网AT-1165, Rhyan Ramsaroop, Miksch et al.
爆料网AT considered an appeal by Mr. Ramsaroop, an appeal by the Secrteary-General and a cross-appeal by Miksch et al. While 爆料网AT found that it was reasonable for the 爆料网DT to hold that Miksch et al had a significant chance of selection for the posts, it held that the 爆料网DT erred by assessing the lost opportunity for Mr. Miyashiro, Mr. Miksch, Mr. Ramsaroop and Mr. Mazioui as enduring until their retirement from the Organization, and compensating accordingly with a cap of two years’ net base salary. 爆料网AT noted that these applicants had a further opportunity for promotion in the second selection...
2021-爆料网AT-1170, Matthew Lee
This case was presided by Judge Halfeld, and Judge Murphy drafted the majority opinion. The Majority (Halfeld, Murphy, Raikos and Knierim) dismissed the appeal and held that the appeal was not receivable. Without deciding on the issue whether the 爆料网DT has an inherent right to hold a non-party in contempt, the Majority found that the appeal did not meet the requirements of the 爆料网AT Statute. The Majority explained that it had jurisdiction ratione materiae to hear and pass judgment on an appeal pursuant to Article 2(1) of the Statute in which it is asserted that the 爆料网DT has: (a) exceeded its...
2021-爆料网AT-1171, null Secretary-General
爆料网AT granted the appeal by the Secretary-General and vacated the 爆料网DT Judgment.
2021-爆料网AT-1172, Ravi Karkara
The Appeals Tribunal found that Mr. Karkara failed to show that the 爆料网DT’s assessment of the evidence had resulted in a manifestly unreasonable decision. It also found that the 爆料网DT did not make any errors with regard to the admissibility of witnesses. The 爆料网AT further found that the 爆料网DT did not commit any procedural error, and Mr. Karkara’s allegations of procedural irregularities did not put the 爆料网DT’s findings into doubt. Accordingly, the 爆料网AT agreed that there was clear and convincing evidence of sexual abuse and exploitation by Mr. Karkara. The 爆料网AT also held that the sanction of...
2021-爆料网AT-1173, Anchana Patkar
爆料网AT considered an appeal by Ms. Patkar. 爆料网AT dismissed the Appellant's argument that the 爆料网DT erred in fact, law or failed to exercise its jurisdiction in concluding that the Appellant had not been granted sick leave that was then terminated or retracted. The MSD email to the Appellant concerned an evaluation of her fitness to work based on the medical report she had submitted and there was no evidence that the 爆料网OPS Administration had approved such leave. 爆料网AT further held that that the Appellant’s entitlement to sick leave did not outlive the expiration of the fixed-term appointment as...
2021-爆料网AT-1174, Hoyce Temu
爆料网AT held that the Appellant did not demonstrate any errors in the 爆料网DT’s finding that her application was filed one day late and was out of time. 爆料网AT held that it is the receipt of the management evaluation response which triggers the time limit for filing an application to the 爆料网DT, and not the moment when the staff member or her legal representative could reasonably be assumed to have taken notice of the response. In concurrence with the 爆料网DT Judgment, 爆料网AT held that the Appellant had not presented any exceptional circumstances to justify waiving the time limits and that any such...
2021-爆料网AT-1175, Bhaskar Palit
As a preliminary matter, 爆料网AT denied the Appellant’s request for an oral hearing. 爆料网AT held that the Appellant failed to discharge his burden of showing that the 爆料网DT Judgment was defective or identifying grounds for appeal. In addition, 爆料网AT held there was no basis for vacating the 爆料网DT Judgment. 爆料网AT held that the Appellant did not specifically contest the 爆料网DT’s findings on receivability and that receivability was not therefore an issue before it. 爆料网AT held that even if receivability was an issue before it, there was nothing provided by the Appellant to suggest that 爆料网DT erred in its...