±¬ÁÏÍø

The Tribunal rejected the application on the merits.

The Applicant, a ±¬ÁÏÍøDP Investigations Specialist at the P-4 level, contested three decisions. The appeal against two decisions was found not to be receivable ratione materiae: a preliminary decision and failure to request management evaluation. The third decision concerned the imposition of a written reprimand as an administrative measure against Applicant. The Tribunal rejected the Applicant¡¯s appeal regarding the third decision on the merits.

The sanction was based on a finding that the Applicant had engaged in misconduct when he left a hand-held radio and an MP5 9 mm submachine gun with two magazines and approximately 60 rounds of ammunition ±¬ÁÏÍøATtended in a ±¬ÁÏÍø vehicle that he had been operating, resulting in these items being stolen when an unknown person or persons broke into that vehicle while the Applicant waited several minutes in a restaurant for a take-out meal. The ±¬ÁÏÍøDT Tribunal found that the imposed sanction was not manifestly unreasonable, unnecessarily harsh, obviously absurd or flagrantly arbitrary. It was within the...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaints to OAIS were time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in ±¬ÁÏÍøFPA: Pursuant to sec. 9.3.1 of ±¬ÁÏÍøFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed in writing to OAIS...

The Tribunal held that the application was receivable since the Applicant was alleging non-compliance with the terms of his appointment¡ªnamely, the obligation to act reasonably and in good faith¡ªas a consequence of an alleged breach of an express promise creating a legitimate expectation. However, turning to the merits of the case, the Tribunal found that the Administration had not created a legitimate expectation when the Executive Office of the Department of Safety and Security informed him that ¡°barring unforeseen circumstances, it is the intention of the Department to extend [your] fixed...

The Tribunal found that there was no basis for finding that the OiC/MEU¡¯s writing in the MEU¡¯s letter to the Applicant amounted to a breach of either ST/SGB/2008/5 or ST/AI/371 and the USG/DM, therefore, did not infringe on the Applicant¡¯s rights when dismissing his complaints against the OiC/MEU. Accordingly, the application was dismissed.

The Tribunal dismissed the motion and found the application not receivable ratione temporis because (a) it was filed outside the applicable 90-day time limit as provided for by art. 8.1(d)(ii) of the Statute and (b) no extraordinary circumstances prevailed.

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in ±¬ÁÏÍøFPA: Pursuant to sec. 9.3.1 of ±¬ÁÏÍøFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed in writing to OAIS...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in ±¬ÁÏÍøFPA: Pursuant to sec. 9.3.1 of ±¬ÁÏÍøFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed to OAIS within six...

The Dispute Tribunal rejected the application as irreceivable, on the grounds that the Applicant¡¯s complaint to OAIS was time-barred and that the OAIS properly exercised its discretion in finding that the Applicant¡¯s allegations against her colleague were insufficient to fall within the scope of the definition of harassment and to prima facie establish misconduct. Requirements for a formal complaint of harassment in ±¬ÁÏÍøFPA: Pursuant to sec. 9.3.1 of ±¬ÁÏÍøFPA Policy on Harassment, Sexual Harassment and Abuse of Authority (¡°the Policy¡±), a formal complaint has to be addressed in writing to OAIS...