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±¬ÁÏÍøAT considered an appeal by the Secretary-General and a cross-appeal by Mr Alobwede. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred in law and exceeded its jurisdiction in substituting its own opinion for that of the ICTR Registrar regarding the contested conduct. ±¬ÁÏÍøAT held that the adverse effect on Mr Alobwede was not supported by evidence. ±¬ÁÏÍøAT held that the ICTR Registrar¡¯s decision was lawful, and ±¬ÁÏÍøDT erred in finding that it was not, as well as in its consequent award of moral damages for the substantive breach of ST/SGB/2008/5. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred in the level of award. ±¬ÁÏÍøAT held that the Secretary...

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred in concluding that the refusal by the former Executive Director to open an investigation into all the allegations raised violated ST/SGB/2008/5. ±¬ÁÏÍøAT held that the Administration has a degree of discretion as to how to conduct a review and assessment of a complaint and may decide whether to undertake a fact-finding investigation into all or some of the allegations. ±¬ÁÏÍøAT affirmed ±¬ÁÏÍøDT¡¯s conclusion that the former Executive Director did not comply with ST/SGB/2008/5 by hiring two consultants from outside the Organisation to conduct the investigation. Under ST/SGB/2008/5...

±¬ÁÏÍøAT considered both appeals by the Secretary-General and by Ms. Benfield-Laporte. ±¬ÁÏÍøAT affirmed ±¬ÁÏÍøDT¡¯s finding that the ASG/OHRM did not err in deciding that the staff member¡¯s complaint did not provide sufficient grounds to warrant a formal fact-finding investigation. ±¬ÁÏÍøAT held that the ASG/OHRM has a degree of discretion as to how to conduct a review and assessment of a complaint and to decide whether an investigation regarding all or some of the charges is warranted. ±¬ÁÏÍøAT held that where there is no risk of undermining the investigation, it is a good practice to hear both sides in order to...

±¬ÁÏÍøAT held that the Appellant had failed to demonstrate evidence of exceptional circumstances to justify the need to submit new evidence or file additional pleadings and, therefore, dismissed the Appellant¡¯s motion. ±¬ÁÏÍøAT rejected the request for an oral hearing finding that it would not assist in the expeditious and fair disposal of the case. ±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT was not required to set out its findings on every submission presented by the Appellant and the failure to do so did not amount to an error on the part of the ±¬ÁÏÍøRWA DT. ±¬ÁÏÍøAT upheld the order of ±¬ÁÏÍøRWA DT to rescind the contested...

±¬ÁÏÍøAT held, agreeing with ±¬ÁÏÍøDT, that the Administration should have removed the offending minutes, written to all recipients of the minutes withdrawing the damaging allegations against Mr. Awe, and/or simply forwarded the fact-finding panel¡¯s report to the participants of the SMT meeting and recipients of the minutes. ±¬ÁÏÍøAT held that the reprimand in the offender¡¯s file and the private apology did not constitute appropriate relief for the restoration of Mr. Awe¡¯s reputation and career. ±¬ÁÏÍøAT considered that any action was taken against Mr. Rutgers (managerial or disciplinary) could have only...

±¬ÁÏÍøDT¡¯s findings that the former supervisor may have retaliated against the staff member for her work-related conduct and for seeking recourse in the internal justice system and that he used his position of authority to improperly influence her work conditions are supported by the available evidence. ±¬ÁÏÍøAT found that the former supervisor had evicted the staff member from her functions preventing her from carrying out her duties and intended to humiliate and embarrass her by unjustifiably copying uninterested persons in personal and confidential communications concerning her performance. The...

±¬ÁÏÍøAT considered the appeal. ±¬ÁÏÍøAT noted that ±¬ÁÏÍøRWA¡¯s disciplinary system provides that the Commissioner-General may only impose such disciplinary measures on current staff members. ±¬ÁÏÍøAT accordingly found that ±¬ÁÏÍøRWA DT erred in finding that the Commissioner-General was entitled to impose the disciplinary measure of a fine after the Appellant¡¯s employment ended and held that the disciplinary measure had to be rescinded. With respect to the Appellant¡¯s request for compensation, ±¬ÁÏÍøAT noted that it may only award compensation for harm in cases where the individual presented evidence, other than...

±¬ÁÏÍøAT rejected the motion for leave to comment on the answer to the appeal, finding that the matters that the Appellant sought to address in her comments would be essentially a repetition of, or supplementary to, her submissions. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT properly reviewed the contested decision in accordance with the applicable law and addressed the concerns identified by ±¬ÁÏÍøAT by establishing the critical facts as instructed. ±¬ÁÏÍøAT found that ±¬ÁÏÍøDT's conclusions were consistent with the evidence. ±¬ÁÏÍøAT found no error in the ±¬ÁÏÍøDT¡¯s finding that the Appellant failed to establish that the decision not to...

±¬ÁÏÍøAT held that the Appellant failed to demonstrate exceptional circumstances warranting the admission of additional evidence on appeal. ±¬ÁÏÍøAT found no errors in the ±¬ÁÏÍøDT¡¯s analysis that there were no procedural flaws in the investigation that impacted the Appellant¡¯s rights. ±¬ÁÏÍøAT found no errors in ±¬ÁÏÍøDT¡¯s finding that the Administration had the discretion to initiate disciplinary proceedings. ±¬ÁÏÍøAT held that the Administration could neither be compelled to initiate disciplinary proceedings nor impose the reasonable accommodation requested by the Appellant, namely no contact with his First...

±¬ÁÏÍøAT considered an appeal by the Commissioner-General and a cross-appeal by Ms. Kaddoura. ±¬ÁÏÍøAT affirmed the ±¬ÁÏÍøRWA 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. ±¬ÁÏÍøAT 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.