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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 held that there was no reason why the Appeals Tribunal should intervene and modify the ±¬ÁÏÍøDT¡¯s findings, which were both reasonable and equitable. The ±¬ÁÏÍøAT noted that while the hiring of the casual workers was not part of Mr. Saleh¡¯s official duties, Mr. Saleh coordinated and supervised the work of the ±¬ÁÏÍøHCR implementing partner which was responsible for hiring at the warehouse, and Mr. Saleh also had the function of overseeing the warehousing operations. Given these responsibilities, as well as his previous intense involvement in the setting up and management of the warehouse, which...

The Appeals Tribunal rejected AAD's request for an oral hearing because she provided no persuasive reasons in support of her request.

±¬ÁÏÍøAT held that the Dispute Tribunal erred in determining whether the established facts qualify as misconduct and whether the disciplinary sanctions were proportionate. In its Judgment, the Dispute Tribunal also erred by substituting its determination of the appropriate disciplinary sanction for that of the Administration and, as such, the ±¬ÁÏÍøAT concluded that the ±¬ÁÏÍøDT Judgment must be vacated. AAD said her actions did not amount to misconduct and sought a...

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...

As a preliminary matter, ±¬ÁÏÍøAT held that the Joint Appeals Board (JAB) had provided a decision as required by Article 2(10) of the ±¬ÁÏÍøAT Statute and therefore ±¬ÁÏÍøAT had jurisdiction to hear the appeal. Further, ±¬ÁÏÍøAT held that an oral hearing would not assist with the expeditious and fair disposal of the case as required by Article 18(1) of the ±¬ÁÏÍøAT Rules of Procedure and therefore denied the request for an oral hearing. ±¬ÁÏÍøAT held that there was no error in the JAB¡¯s decision affirming the contested decision of wrongdoing following the Appellant¡¯s failure to report to work and holding of...

The Applicant contested the imposition of disciplinary and non-disciplinary measures following the completion of a disciplinary process thus, she was not required to request management evaluation as per staff rule 11.2(b). In accordance with art. 8.1(d)(ii), her application should have been submitted directly to the ±¬ÁÏÍøDT within 90 calendar days of her receipt of the administrative decision. The Applicant received the sanction letter/contested decision on 1 April 2022, which meant that she had to file her ±¬ÁÏÍøDT application on or before 30 June 2022 to be within the prescribed time limits. She...

The Tribunal found that the contested decision was lawful. The Tribunal found that the Applicant failed to uphold a conduct befitting her status as senior international civil servant. The Applicant, as a senior manager, was conferred a duty of care to promote a ¡°harmonious work environment, free of intimidation, hostility, offence and any form of prohibited conduct¡± as per ST/SGB/2008/5, which she failed to do. The Applicant¡¯s actions, as established by the facts, constituted harassment and abuse of authority under ST/SGB/2008/5 and amounted to misconduct.

The context of the case in °¿¡¯µþ°ù¾±±ð²Ô is not similar. Essentially, in °¿¡¯µþ°ù¾±±ð²Ô, the applicant was the subject of an investigation, whereas in the present case, the Applicant was the complainant. Accordingly, In °¿¡¯µþ°ù¾±±ð²Ô, the applicant opposed a disciplinary investigation launched against himself based on a misconduct complaint made by others, and he then contested a decision to reject his request for an independent review of the investigation. The Appeals Tribunal, however, dismissed the applicant¡¯s challenge because the decision-maker eventually held in his favour as, contrary to the preliminary...

The ±¬ÁÏÍøAT considered an appeal by the staff member.

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had reviewed the disciplinary decision thoroughly and methodically; the ±¬ÁÏÍøDT had not erred in fact or law in conducting the proportionality analysis and there had been no irregularity in the investigation and disciplinary process, warranting intervention.

The ±¬ÁÏÍøAT agreed that the obligation not to disclose internal information is not limited to confidential information. The ±¬ÁÏÍøAT found that even if the staff member had liaison functions with member states, it did not give her the right to communicate internal...

The ±¬ÁÏÍøAT considered an appeal by the staff member.

The ±¬ÁÏÍøAT found that because of a combination of the staff member¡¯s failure to recall the events in question and of the ±¬ÁÏÍøDT¡¯s decision (concurred in by the parties) not to hold an in-person hearing, the ±¬ÁÏÍøDT had appropriately referred to the investigation report.

The ±¬ÁÏÍøAT was of the view that the ±¬ÁÏÍøDT had correctly determined the staff member¡¯s acts were sexual in nature. The staff member had, without invitation, encouragement or consent, embraced two different women in a sexual manner at a party at a staff retreat. The ±¬ÁÏÍøAT held that the...