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The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in finding that ATR¡¯s claim for compensation as a victim of sexual harassment was not receivable because the contested administrative decision did not concern compensation and the applicable legal framework does not provide for such entitlement. The ±¬ÁÏÍøAT noted that while Article 10(5)(b) of the ±¬ÁÏÍøDT Statute allows for compensation for harm, this remedy must relate to the administrative decision under review, which in this case concerned disclosure of disciplinary measures, not compensation.

The ±¬ÁÏÍøAT further held that the ±¬ÁÏÍøDT exceeded its jurisdiction in...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in concluding that the staff member¡¯s actions did not constitute misconduct. The ±¬ÁÏÍøAT found that it had been established, by a preponderance of the evidence, that the staff member had failed to cooperate with an investigation conducted by the Office of Internal Oversight Services (OIOS), which concerned another staff member under investigation for misrepresenting his place of accommodation.

It found that the staff member had deliberately withheld information and provided generic, vague, and misleading responses during his initial OIOS interview regarding the...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT properly exercised its discretion in excluding the former staff member¡¯s allegations of racism within the CAF and his claim that his counsel was treated unfairly during the ±¬ÁÏÍøDT hearing, as well as in denying his request to call the investigator to testify. Nevertheless, the ±¬ÁÏÍøAT concluded that the ±¬ÁÏÍøDT erred in finding that the facts underlying the alleged misconduct had been proven by clear and convincing evidence, particularly in its assessment of the credibility of the witnesses.

Regarding V01¡¯s allegations, the ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT improperly explained away...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA Dispute Tribunal did not err in concluding that the former staff member¡¯s misconduct was established and that the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity, was proportionate under the Agency¡¯s regulatory framework. The ±¬ÁÏÍøAT emphasized that fraud and collusive practices are considered areas of high concern and that misconduct committed by a person in a position of trust, such as a member of the Provident Fund Loans Committee, warrants a severe sanction.

The ±¬ÁÏÍøAT further held that the ±¬ÁÏÍøRWA...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in concluding that the Administration lawfully imposed the disciplinary measure of demotion by one grade with deferment for three years of promotion eligibility and gender?sensitivity training. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT correctly applied the governing legal framework, including Staff Rule 1.2(f) and ST/SGB/2008/5, in determining that the staff member¡¯s conduct, an inappropriate remark referencing nudity and a stroking gesture, physical intimidation of a colleague, and leering at female staff, constituted sexual harassment and workplace harassment.

The...

The ±¬ÁÏÍøAT determined that it had been demonstrated by clear and convincing evidence that the former staff member committed serious misconduct by: i) failing to return to the United Nations Federal Credit Union (±¬ÁÏÍøFCU) funds of USD 587,428.65 that were erroneously credited to her account and to which she was not entitled; ii) failing to comply with a judgment issued by the High Court of Zambia (High Court Judgment), which ordered her to return the aforementioned funds to ±¬ÁÏÍøFCU; and iii) submitting false documentation and/or misrepresenting facts during the investigation conducted by the Office...

The ±¬ÁÏÍøAT held that the former staff member¡¯s challenge to the ALWP decision and the New York position decision was not receivable, as she had not sought management evaluation of those decisions.

Regarding the disciplinary measure, the ±¬ÁÏÍøAT determined that her statements and social media posts constituted unauthorized outside activities amounting to misconduct. It noted that she issued statements, posted articles, and gave interviews without prior authorization, despite repeated warnings. It held that her social media engagements referenced international humanitarian assistance, humanitarian...

The ±¬ÁÏÍøAT found that Mr. Slayyeh did not file a proper appeal of the impugned Judgment but rather was bringing a new claim for compensation that had not been submitted to the Dispute Tribunal. The ±¬ÁÏÍøAT held that he could not introduce on appeal an issue not previously presented to the first instance tribunal as it is a violation of the due process rights of the other party and does not comply with the two-tier system of administration of justice.

The ±¬ÁÏÍøAT found that the remedies available under Article 10(5) of the ±¬ÁÏÍøRWA DT Statute allow the ±¬ÁÏÍøRWA DT to rescind the contested decision or order...

The ±¬ÁÏÍøAT held that none of the reasons provided by Mr. Hejab, considered individually or collectively, were convincing enough to consider his case exceptional, so as to warrant the award of higher compensation than set by Article 10(5) of the ±¬ÁÏÍøRWA DT Statute.

The ±¬ÁÏÍøAT held that it is not unusual for an older staff member, particularly one who is close to retirement, to have difficulty in finding another job. Likewise, although there are difficult economic conditions where he lives, this is also not the type of factor that warrants compensation in excess of the statutory norm.

The ±¬ÁÏÍøAT held...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had not erred in finding that it had been proven by clear and convincing evidence that the staff member had engaged in harassment and abuse of authority, used her office for personal reasons to prejudice the position of a colleague, disclosed sensitive information, failed to report the possible misconduct of others, used a personal e-mail address contrary to the applicable provisions, and exchanged inappropriate messages about colleagues.

The ±¬ÁÏÍøAT found that regardless of whether she had been a whistleblower engaged in a protected activity, there was no evidence that...