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±¬ÁÏÍøAT considered an appeal by Ms. Modey-Ebi. ±¬ÁÏÍøAT noted that the issues in the appeal were entirely factual, most of which were resolved on the evidentiary record which in most respects established a pattern of misconduct justifying dismissal. ±¬ÁÏÍøAT noted that while some of the proven allegations against Ms. Modey-Ebi were less serious than others, cumulatively they revealed a pattern of unethical conduct indicating that Ms. Modey-Ebi was not suited for the senior position she held. Her behaviour revealed a lack of propriety and integrity and her behaviour was inconsistent with her duties under...

±¬ÁÏÍøAT disagreed and distinguished the case at hand with the two cases cited by the ±¬ÁÏÍøDT. ±¬ÁÏÍøAT explained that in the case at hand, the staff member¡¯s actions could have a substantial reputational impact on the Organization and could also adversely affect the relationship between the Organization, Member States and the Host Country. The Tribunal emphasized that the actions of the staff member went beyond the mere internal affairs of the Organization and in fact the fraudulent act was used as an instrument to avoid legal proceedings in the Host Country. As such, ±¬ÁÏÍøAT concluded that the misconduct...

It was a reasonable exercise of the Commissioner-General¡¯s discretion to determine that intentionally abusing a position of power and trust against a beneficiary of ±¬ÁÏÍøRWA in a vulnerable situation rendered Mr. Al Khatib unfit for further service with the Agency, and separation from service without termination indemnity was neither unfair nor disproportionate to the seriousness of the offence.

The staff member appealed to ±¬ÁÏÍøAT arguing inter alia that there was no clear and convincing evidence in the record showing that he was aware that he was the subject of an investigation at the time he applied to the ±¬ÁÏÍøICEF job. ±¬ÁÏÍøAT determined that the letter from the IOM Legal Counsel (an authorized representative of an agency within the United Nations System) enjoyed the status of an ¡°official act¡± and as such carried with it ¡°the presumption of regularity¡±. The Tribunal found that once this evidence had been adduced, it was incumbent upon the staff member to rebut it, which he failed to do...

The ±¬ÁÏÍøRWA DT acknowledged that the imposed disciplinary measure of separation from service without termination indemnity is one of the most severe disciplinary measures that the Agency can impose on a staff member. Nevertheless, it decided that, given the Appellant¡¯s misconduct in committing corporal punishment to a disabled and highly vulnerable child, and the Agency¡¯s clear zero-tolerance policy towards corporal punishment, the disciplinary measure imposed on the Appellant appeared to be neither absurd nor arbitrary; nor was there any evidence that the measure taken had been tainted by...

±¬ÁÏÍøDT erred in deciding that Mr. Adriantseheno had been charged solely with sexual harassment, that his behavior towards Vo1 and Vo2 did not constitute sexual harassment, and that his due process rights were violated.

Given the modest level of compensation that ±¬ÁÏÍøDT awarded to Ms. Malhotra and its non-payment since 20 November 2020, ±¬ÁÏÍøAT awarded interest on the 3-month net base salary calculated at the US prime rate from 20 November 2020 to the date of payment.

±¬ÁÏÍøAT considered an appeal by Mr. Mousa. On matters of procedure, ±¬ÁÏÍøAT found that the additional documentary evidence presented on appeal was inadmissible as Mr. Mousa had failed to demonstrate exceptional circumstances and had failed to seek leave to present such additional evidence as he was required to do in terms of Article 2(5) of the ±¬ÁÏÍøAT Statute. ±¬ÁÏÍøAT dismissed the appeal. ±¬ÁÏÍøAT found that that while Mr. Mousa had been disciplined for working while on sick leave from the Organization and without valid authorization, he on appeal again focused on the allegations of malpractice which had...

The impugned ±¬ÁÏÍøRWA DT Order clearly comes within its competence to issue appropriate case management orders. It did not exceed its competence or jurisdiction in issuing Order No. 123, and Mr. Zaqqout is not prevented from attacking the interlocutory order later if he appeals the final judgment of the ±¬ÁÏÍøRWA DT on the merits.

±¬ÁÏÍøAT held that the facts upon which ±¬ÁÏÍøRWA based its decision were established, in full respect of his due process rights. ±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT did not err as there was clear and convincing evidence that the Appellant committed sexual exploitation and abuse against a beneficiary of ±¬ÁÏÍøRWA; neither did it err in concluding that the disciplinary sanction was proportionate and lawful. ±¬ÁÏÍøAT held that the Appellant, by having the complainant remove her pants and underwear and engaging in a such a sensitive and specific medical examination, which he did not have the required competencies and...