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±¬ÁÏÍøAT noted that the only issue on appeal was the issue of appropriate compensation for the unlawful contested decision. ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT appropriately found that the requested compensation in the amount of two years¡¯ net base salary was unwarranted as it would exceed the emoluments to which he would have been entitled absent the unlawful termination. ±¬ÁÏÍøAT found no merit in Mr. Kilauri¡¯s contention that the ±¬ÁÏÍøDT failed to consider the nature and level of the post he formerly occupied and the chances of renewal beyond the expiry of his fixed-term contract but for his unlawful...

Ms. Specker appealed. The ±¬ÁÏÍøAT held that the essential question is whether the sanction imposed was proportionate. The principle of proportionality requires that a disciplinary measure imposed on a staff member shall be proportionate to the nature and gravity of his or her misconduct. The ±¬ÁÏÍøAT noted that Ms. Specker¡¯s main argument was that the sanction imposed upon her displayed an element of historical inconsistency in that lesser sanctions for similar misconduct had been imposed in other cases. The implication of her submission is that the failure to impose separation for this kind of...

The Secretary-General's appeal challenged the ±¬ÁÏÍøDT order referring the maternity leave decision for accountability. ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT erred by adjudicating the issue as it had already been adjudicated in an earlier judgment. In adjudicating the same issue a second time, the ±¬ÁÏÍøDT exceeded its competence since the maternity leave decision had not been challenged before the ±¬ÁÏÍøDT in the instant case; and the earlier judgment, which was affirmed on appeal (rendering it res juidcata), held that the application in relation to the maternity leave decision was not receivable ratione temporis and...

±¬ÁÏÍøAT rejected Mr. Valme¡¯s claim that the allegation of sexual exploitation and abuse had not been established against him, on grounds that any consideration about the complaint of sexual abuse was beyond the scope of the case, because his application concerned other prohibited conduct that came to light during the investigation. ±¬ÁÏÍøAT found no merit in Mr. Valme¡¯s contention that the ±¬ÁÏÍøDT failed to consider the totality of the evidence and referred to it in a selective way, thereby displaying bias. ±¬ÁÏÍøAT found that it was inherent to the principle of judicial persuasion that courts and...

±¬ÁÏÍøAT affirmed the ±¬ÁÏÍøRWA DT Judgment. Regarding the deduction of a sum of money from his separation benefits, ±¬ÁÏÍøAT agreed that this claim was not first submitted for decision review. Regarding his separation from service without termination indemnity, ±¬ÁÏÍøAT also found no error in the ±¬ÁÏÍøRWA DT Judgment. The Tribunal agreed with the ±¬ÁÏÍøRWA DT that the bank statement did not contain the correct amount and that the invoices he submitted did not relate to genuine purchases. ±¬ÁÏÍøAT was satisfied that: (i) the facts on which the disciplinary measure was based had been established by clear and convincing...

±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred both in not permitting the Appellant to call a witness (AA) and in the incorrect conclusions it drew from her hearsay evidence. ±¬ÁÏÍøAT held that, to the extent that BB (a non-±¬ÁÏÍø staff member) was a witness adverse to the Appellant, the failure of the Secretary-General to secure her attendance before the ±¬ÁÏÍøDT permitted an adverse inference which detracted considerably from the credibility and reliability of her allegations in the OIOS investigation report. ±¬ÁÏÍøAT held that little weight could be attached to the evidence of two unidentified ±¬ÁÏÍø staff members, to whom the...

±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT did not commit an error in procedure, such as to affect the decision of the case pursuant to Article 2(1) of the ±¬ÁÏÍøAT Statute. ±¬ÁÏÍøAT rejected the argument that the fact that the Appellant did not receive the recordings of the hearing or transcript affected the decision of the case. ±¬ÁÏÍøAT held that the Appellant merely repeated arguments raised before ±¬ÁÏÍøRWA DT. ±¬ÁÏÍøAT accepted ±¬ÁÏÍøRWA DT¡¯s finding that the Appellant had ample opportunity to respond to allegations and provide comments on the investigation report and exhibits. ±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT made fundamental errors of...

The staff member¡¯s main claim pertain to the proportionality of the disciplinary measure meted out to him, that is of summary dismissal. The Appeals Tribunal found no fault in the ±¬ÁÏÍøDT conclusion that the staff member¡¯s behavior toward the Complainant amounted to serious misconduct. The Tribunal noted (paras. 53 - 56): ¡°¡­ By sexually harassing her, the Appellant violated the applicable Regulations and Rules. He did not conduct himself in a manner befitting his status as an international civil servant. His actions not only violated the Complainant¡¯s personal dignity but also adversely...

±¬ÁÏÍøAT preliminarily held that the appeal should be regarded as timely because the initial submission in Arabic was received within the prescribed time limit. ±¬ÁÏÍøAT noted that the fact-finding committee acted in an objective and responsible manner in conducting its investigation and assessing the charges. ±¬ÁÏÍøAT noted that there was clear and convincing evidence supporting a finding of misconduct, which was not successfully rebutted by the Appellant, which alone was a sufficient basis for the impugned decision. Given the established misconduct and the seriousness of the incident, ±¬ÁÏÍøAT held that it...

±¬ÁÏÍøAT held that (1) the Commissioner-General has broad discretionary authority in disciplinary matters; (2) the facts on which the Appellant¡¯s termination was based were established; (3) the established facts legally amounted to serious misconduct; and (4) there was no substantive or procedural irregularity. ±¬ÁÏÍøAT further held that the Appellant¡¯s termination was legal and not disproportionate to the offenses. ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøRWA decision.