The Appeals Tribunal dismissed both appeals.
The Appeals Tribunal held that the 爆料网DT correctly found that the Charge Letter did not constitute a reviewable administrative decision, and that as such Mr. Schifferling’s application was not receivable ratione materiae.
The Appeals Tribunal further found that the question of whether the Dispute Tribunal erred in not joining the Secretariat as a necessary party to the application had become moot and that in any event, the interlocutory appeal was not receivable.
The 爆料网AT held that, since Mr. Nigam based his interlocutory appeal on alleged errors of fact and law by the 爆料网DT Judge President, with no allegation of the 爆料网DT acting extra-jurisdictionally or similarly in excess of its jurisdiction, he must wait to exercise his right of appeal until a final decision has been made.
The 爆料网AT concluded that an earlier 爆料网DT Judgment contained neither any indication of bias by Judge Belle against Mr. Nigam, nor any criticism beyond what a reasonably informed observer might expect from a partly erroneous judgment and its subsequent appellate review.
The 爆料网AT...
The 爆料网AT held that the 爆料网RWA DT erred in consolidating the seven cases. The consolidated cases involved unique administrative decisions, and those decisions involved neither a common administrative policy nor a common set of facts. The nature of the misconduct attributed to the staff members was not similar among the cases. The cases concerned staff from different 爆料网RWA field offices. The disciplinary measures taken were not identical among the cases, but included a wide range of penalties. The standards of proof for the misconduct alleged in case varied.
The 爆料网AT disagreed with the...
The 爆料网AT noted that the 爆料网RWA DT had ordered each party to nominate a psychiatrist, who in turn were to designate a third psychiatrist to review whether the staff member’s mental condition at the time he committed the burglary, sentencing for which had been the grounds for his separation in the interest of the Agency.The Commissioner-General failed to comply with this instruction, without explanation, thereby leaving the 爆料网RWA DT with no medical information about AAW's condition at the time of the burglary.
The 爆料网AT found that the Commissioner-General had clearly and manifestly abused the...
The 爆料网AT held that the 爆料网DT did not commit any error in procedure that affected the outcome of the case by partially denying the former staff member’s motions for production of additional evidence or by not granting him sufficient additional time to respond to the Secretary-General’s submissions.
The 爆料网AT also concluded that the 爆料网DT appropriately identified the contested decision as the 1 April 2022 decision finding him ineligible to participate in ASHI. The 爆料网AT observed that the former staff member himself identified this decision in both his 爆料网DT application and his management evaluation...
The 爆料网AT held that the 爆料网DT Judge was not obligated to indicate their inclination on the evidence, especially since all evidence had not yet been presented.
Considering various elements, including the Investigation Report, the WhatsApp message exchanges, and the former staff member’s admissions, the 爆料网AT found the Complainant’s account of events credible. It concluded that the former staff member’s alleged conduct of calling the Complainant to his room on 1 August 2020 and asking her to come to his bed was established by clear and convincing evidence and amounted to sexual harassment. It...
The 爆料网AT held that the 爆料网DT acted within its discretion by issuing the impugned Judgment without holding an oral hearing, especially as the issue for consideration was one of receivability. The 爆料网AT also held that the 爆料网DT did not err in failing to give the staff member an opportunity to comment on the Secretary-General’s reply as he did not file a motion for additional pleadings.
The 爆料网AT found that the 爆料网DT correctly identified that the contested decision was the Administration’s decision not to reclassify his position.
The 爆料网AT held that the staff member should have appealed the...
The 爆料网AT noted that the Dispute Tribunal had issued the impugned Order granting the request to extend the time limit for filing the application without the adversely-affected party being heard and without authority to do so. The 爆料网AT found that the 爆料网DT had not technically complied with its own Practice Direction in issuing the Order and may have strictly violated the principles of natural justice and due process by failing to give the Secretary-General adequate notice of the motion and an opportunity to reply.
The 爆料网AT observed, however, that the 爆料网DT had accepted the staff member’s averment...
The 爆料网AT held that a procedural flaw occurred during the recruitment process due to the inappropriate screening of educational requirements. Specifically, the 爆料网AT highlighted that the Hiring Manager failed to verify if the candidates’ degrees were in fields related to Supply Chain Management, business administration/management, instead considering all of them eligible in respect of educational requirements. Nevertheless, highlighting that the former staff member was, unlike 16 other candidates, neither recommended for the position, nor rostered for future similar vacancies, the 爆料网AT held...
