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The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in finding that the established facts underlying the allegations did not amount to misconduct. It found that the former staff member's sustained participation in exchanges concerning the sharing of non-public information and his communications with M.R., an individual engaging publicly on matters pertaining to the Office of Investment Management (OIM), constituted unauthorized disclosure or, at minimum, participation in unauthorized sharing of non-public information.

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in characterizing as too vague the allegation that the...

The ±¬ÁÏÍøAT held that the issues on appeal were whether the ±¬ÁÏÍøRWA Dispute Tribunal erred in finding that the facts of misconduct were established to the clear and convincing evidence standard, whether it erred in concluding that the conduct constituted serious misconduct, and whether it erred in affirming the proportionality of the disciplinary sanction of separation from service without termination indemnity. It recalled that its role is not to conduct a de novo review, but to determine whether the first?instance tribunal committed an error of law, fact, or procedure resulting in an unreasonable...

The ±¬ÁÏÍøAT held that the former staff member committed sexual harassment towards the Complainant by: i) entering her accommodation without invitation, hugging, kissing, and licking her forehead without her consent, reclining her on her bed to lie next to him, and refusing to leave when asked; and ii) telling her the following day that she had been unable to sleep because she had been thinking of him.

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had provided a clear and reasoned analysis of the witnesses¡¯ credibility.It concluded that the ±¬ÁÏÍøDT¡¯s determination that certain discrepancies in the Complainant¡¯s...

The Victim clearly had a motive not to tell the truth before the Tribunal. And she had an interest in the outcome of this case since continued payments fromthe Applicant depended on his continued employment with the United Nations in Congo. She even agreed that she was concerned about how she would survivewithout financial support from the Applicant. For all these reasons, the Tribunal did not find her testimony in court to be credible and relied instead on the statements she made before the Applicant¡¯s payments. A similar analysis applied to the Applicant¡¯s testimony. He too had an obvious...

The disciplinary decision was based on two allegations: first, that the staff member committed a physical assault during a domestic dispute; and second, that the staff member failed to immediately report an arrest and criminal proceedings to the Secretary?General, contrary to staff rule 1.5(d). Regarding the assault allegation, the Tribunal found the evidence sufficient and compelling. It relied on contemporaneous police records, a judicial order of protection identifying the staff member as the aggressor, photographic evidence of injury, consistent sworn statements obtained during the...

The ±¬ÁÏÍøAT first considered the staff member¡¯s request for an oral hearing, and decided it was not necessary for the expeditious and fair disposal of his case.

The ±¬ÁÏÍøAT observed that when the only persons present in a physical assault are the perpetrator and the victim, an oral hearing may be useful for reaching credibility findings. However, in this case, the ±¬ÁÏÍøAT noted that the staff member and his counsel agreed that they had no witnesses to present at an oral hearing and preferred to rely on the investigation report. In these circumstances, the ±¬ÁÏÍøDT did not err in not holding an oral hearing...

The ±¬ÁÏÍøAT observed that the Secretary-General elected to limit the scope of his appeal only against the findings of the ±¬ÁÏÍøDT with respect to two of nine instances of alleged misconduct by the former staff member. The ±¬ÁÏÍøAT further acknowledged that the Secretary-General¡¯s contention was that the ±¬ÁÏÍøDT erred in law when it applied the legal tests for harassment and sexual harassment to the two incidents.

Nonetheless, the ±¬ÁÏÍøAT held that to determine the issue on appeal required more than simply an application of the correct legal test. To reach any conclusions requires more than simply regard to...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in concluding that the contested decision to close the staff member¡¯s complaint without investigation was lawful and reasonable. The ±¬ÁÏÍøAT found that OIAI properly assessed the allegations and determined they lacked sufficient evidence or indicia of misconduct, and that the incidents described fell within normal performance management rather than harassment or abuse of authority.

The ±¬ÁÏÍøAT further held that the ±¬ÁÏÍøDT correctly found that disagreements over performance ratings and the implementation of a Performance Improvement Plan do not constitute...

The ±¬ÁÏÍøAT held that the appeal was timely, as Article 11(5) of the ±¬ÁÏÍøRWA DT Statute provides that the filing period begins upon receipt of the Arabic translation of the judgment when the application was originally submitted in Arabic. Since Ms. Al Dawoud received the Arabic version on 9 January 2025 and filed her appeal on 10 March 2025, the appeal was timely.

On the merits, the ±¬ÁÏÍøAT found that the ±¬ÁÏÍøRWA DT correctly identified the Agency¡¯s error in treating an email shared by Ms. Al Dawoud as confidential and acknowledged the harm caused by the erroneous disciplinary measure. However, the ±¬ÁÏÍøAT...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in dismissing both applications as not receivable. Regarding the first application, ±¬ÁÏÍøAT found that the Settlement Agreement encompassed all disciplinary sanctions imposed on 9 December 2022, including the deferment of eligibility for salary increment. Therefore, the ±¬ÁÏÍøDT was wrong to conclude that the deferment was outside the scope of the Agreement and that the Agreement had been fully implemented. The application for enforcement was properly receivable.

As to the second application, ±¬ÁÏÍøAT held that the Administration¡¯s interpretation of the Settlement...