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The Applicant claims that the preliminary assessment of her complaint was flawed, for not taking into consideration the totality of the evidence, and that OIAI was biased and applied an illusory standard to the level of gravity involved in the alleged harassment and abuse of authority.

However, notwithstanding the number of allegations made by the Applicant, the Tribunal notes that no evidence was provided to support a finding that the contested decision is illegal, unreasonable or improper, nor that the preliminary assessment was flawed.

On the contrary, it is clear that OIAI did in fact...

The Tribunal is seized of an application where the staff member contests the termination of her permanent appointment and separation from service due to unsatisfactory performance. The evidence shows that the Applicant¡¯s performance was rated as either ¡°partially meets performance expectations¡± or ¡°does not meet performance expectations¡± since 2015, except for one cycle in which she ¡°fully met¡± expectations. The Applicant only rebutted one of these performance evaluations, which, however, was upheld by the rebuttal panel. Accordingly, all of these performances evaluations are binding on the...

The situation of the present case is that only two persons, namely the Applicant and AA, were present when the alleged sexual abuse occurred, and they have presented contradictory witness testimonies. As the case involves termination, the question for the Tribunal to determine is therefore whether the Respondent has established with clear and convincing evidence that the factual background upon which the disciplinary sanction is well-founded. This means that AA¡¯s testimony is highly probable whereas, in consequence, the Applicant¡¯s testimony is not reliable.

With reference to the Tribunal¡¯s...

The essential question for determination on appeal is whether the ±¬ÁÏÍøDT correctly held that the alleged misconduct of creating a hostile work environment and giving of gifts was proved in accordance with the standard of clear and convincing evidence. In other words, did the evidence establish the alleged misconduct to a high degree of probability? At its essence, therefore, this case involves strongly contested disputes of fact about whether AAC conducted himself in a manner that was abusive and created a hostile working environment. The Administration says he did. AAC strongly denies it. Thus...

±¬ÁÏÍøAT first explained that this is a case where the ±¬ÁÏÍøDT should have held a hearing to determine the states of mind of those persons who decided that the Staff Member should not have been placed on the roster. The Tribunal defined bias as follows: (paras. 29 - 32) "29. Bias is an element of natural justice which examines not only the mind of the decision?maker subjectively, but the manifestation of the process of decision-making examined objectively. Put another way, a decision is not only biased if made by a decision?maker deliberately intending to favour or disadvantage the subject of it for...

±¬ÁÏÍøAT disagreed and found the background of the prior retaliation against the Staff Member affects the principle of the presumption of regularity. In light of the circumstances of this particular case, ±¬ÁÏÍøAT found the Administration bore the obligation to justify the lawfulness of its decision to cancel the Job Opening. ±¬ÁÏÍøAT thus found the ±¬ÁÏÍøDT erred by not requiring the Administration to establish its justification in law for the cancellation of the Job Opening. The administrative decision to cancel the Job Opening was rescinded, and the Tribunal set in lieu compensation at two years¡¯ net base...

±¬ÁÏÍøAT preliminarily held that the appeal was receivable, noting that the situation was quite exceptional and a necessity to consider the disposition of facts. ±¬ÁÏÍøAT rejected the request for discovery of evidence and an oral hearing, holding that there were no exceptional circumstances justifying the exercise of its discretion in granting such requests. On the merits, ±¬ÁÏÍøAT held that the minutes of the recourse session held by the Appointments, Postings and Promotions Board clearly showed that the experience and achievements of the Appellant were properly considered at the 2007 Promotion Session...

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT had correctly found that the alignment policy constituted an organisational measure aimed at simplifying administrative procedures in relation to staff appointments at ±¬ÁÏÍøODC. ±¬ÁÏÍøAT agreed with ±¬ÁÏÍøDT that, as a result of the Secretary-General¡¯s broad discretion in relation to decisions on internal management, the issuance of the policy by a ¡°Message of the Day¡± was subject to limited review by the Tribunal. ±¬ÁÏÍøAT affirmed ±¬ÁÏÍøDT¡¯s finding that the Appellant had failed to demonstrate that the application of the alignment policy to his case was motivated by improper motives and...

The Appellant contested the ±¬ÁÏÍøDT finding that he was afforded full and fair consideration for the position of Chief and argued that he suffered unfair and discriminatory treatment. ±¬ÁÏÍøAT held that if the Administration does not comply with a Tribunal¡¯s order to disclose the reasons for an administrative decision, as such, the Tribunal cannot automatically conclude that the decision was arbitrary, but it is entitled to draw an adverse inference from the refusal. ±¬ÁÏÍøAT affirmed the ±¬ÁÏÍøDT finding that the Administration¡¯s decision must be deemed unlawful, as the Secretary-General refused to comply...

±¬ÁÏÍøAT noted that V01 had not been placed under oath before giving her interview and that she did not sign the transcribed version of her interview statement. ±¬ÁÏÍøAT held that V01¡¯s transcribed statement, in which she said that the Appellant had raped her and engaged in sex with her, was neither reliable nor trustworthy; it was solely hearsay and insufficient, by itself, to prove the charge that the Appellant engaged in sexual activity with a minor. ±¬ÁÏÍøAT held that similarly the other written documents were replete with hearsay and multiple hearsays and were neither trustworthy nor sufficient to...