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The ±¬ÁÏÍøAT noted that the staff member had telecommuted from his home country for the entire academic year. The ±¬ÁÏÍøAT found that payment of the educational grant required the physical presence of the staff member at their official duty station, with such payment to be suspended or adjusted for the period that they were telecommuting from outside the official duty station.

The ±¬ÁÏÍøAT held that it was not open to the staff member to rely on a defence that the Administration be estopped from relying on the applicable provisions in its interpretation of the circumstances under which the education...

The Tribunal concluded that the relevant decisions to fast track the transition of the Applicant's post to Senior Gender Officer were fair, just and transparent.

The Applicant failed to convince the Tribunal that the Administration raised in him a legitimate expectation of renewal of his FTA. An erroneously raised personnel action without a written contract does not constitute a ground for legitimate expectation of renewal.

The Tribunal agreed with the Applicant that the Staff Regulations and Rules must be applied uniformly and consistently to staff members. United Nations procedures exist to facilitate fair and transparent substantive decisions, and the failure to abide by required procedures is no mere ¡°technicality¡±, but instead undermines...

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT made several errors of law and of fact leading to a manifestly unreasonable outcome.

In particular, the ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT erred in refusing to hold a hearing of evidence that Mr. Nkoyock sought to call to establish his defence to the allegations against him and to impeach the Secretary-General¡¯s witnesses. The ±¬ÁÏÍøDT further erred when it failed to reach its own conclusions on disputed facts and relied overly on the internal investigation¡¯s findings. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT also erred in relying on evidence that it had ruled irrelevant and inadmissible...

Mr. Moulana appealed the ±¬ÁÏÍøDT judgment.

±¬ÁÏÍøATnoted that the ±¬ÁÏÍøDT dismissed Mr. Moulana's application on the grounds of insufficient evidence, whereas he had not been afforded the opportunity to provide the evidence. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT, by failing to address the Appellant¡¯s requests for the production of documents, including ignoring his motion, violated the Appellant¡¯s due process rights and deprived him of the opportunity to have his motion assessed and possibly granted, following which he could have submitted the pieces of evidence which the ±¬ÁÏÍøDT found he failed to provide. Therefore...

The ±¬ÁÏÍøAT first concluded that the ±¬ÁÏÍøDT erred by failing to specify whether the alleged misconduct of sexual exploitation had been established to the required evidentiary standard of clear and convincing evidence. Second, the ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had erred in concluding that the victim was a vulnerable person, that Mr. Stefan was aware of her vulnerability, and that he sexually exploited her vulnerability. The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred when it made this finding without any independent or medical evidence, and that the ±¬ÁÏÍøDT had relied on its own Internet research regarding various...

The ±¬ÁÏÍøAT considered an appeal by the participant in the Fund.

The ±¬ÁÏÍøAT found that the facts suggest that the participant¡¯s withdrawal settlement funds were paid into a bank account which had not been opened by him. At the same time, there were unanswered questions as to how the participant had bank statements and cancelled cheques from this account if he had not opened it. In addition, given the mismatch between the participant¡¯s name and the name of the holder of the bank account, there was no explanation as to why the wire transfer had been allowed to proceed and had not been rejected.

The...

The ±¬ÁÏÍøAT held that because the possible error in the assessment of the facts by the ±¬ÁÏÍøDT had no bearing on the outcome of the case, the Secretary-General¡¯s cross-appeal could not be received.

The ±¬ÁÏÍøAT found that although an Ivorian Court judgment, finding the staff member guilty of fraud, had not been cited in the sanction letter, this was inconsequential because it was clear from the record that he had been aware of the judgment when he applied for the position and completed the PHP specifying ¡°no¡± to the question whether he had ¡°ever been indicted, fined or imprisoned for the violation of...

The ±¬ÁÏÍøAT held that the Appellant has failed to discharge her burden and has not demonstrated that the ±¬ÁÏÍøRWA DT committed any of the errors outlined in Article 2(1) of the ±¬ÁÏÍøAT Statute. It concluded that the Appellant relitigated arguments that failed before the ±¬ÁÏÍøRWA Dispute Tribunal and expressed her general disagreement with the impugned Judgment.

The ±¬ÁÏÍøAT held that the contested decision was a valid and lawful exercise of the Agency¡¯s discretion. It found that the Agency reviewed and considered the Appellant¡¯s request for telecommuting in accordance with the legal framework, i.e. Area...

The ±¬ÁÏÍøDT was faced with two irreconcilable versions of the case, and thus it was necessary for the ±¬ÁÏÍøDT to satisfy itself on the credibility and reliability of the various factual witnesses and probabilities. This task was made especially difficult for the ±¬ÁÏÍøDT since the relevant witnesses did not present their evidence in person. In this case, the evidence presented by the Secretary-General was of an exceedingly limited nature and value. The Secretary-General relied exclusively on the contents of the written report of the OIOS investigation, which was entirely hearsay and, in some instances...