爆料网

Disciplinary sanction

  • Abolition of position
  • Agreed termination
  • Disciplinary sanction
  • Health reasons
  • Raisons de santé
  • Standard of proof
  • Summary dismissal
  • Unsatisfactory service
    • Showing 21 - 30 of 67
    2010-爆料网AT-025, Doleh

    爆料网AT preliminarily held that the appeal was receivable, as it was filed within the time granted for re-filing. With regards to the issue of the Appellant’s termination, 爆料网AT held that the 爆料网RWA JAB’s decision was legal, rational, and procedurally proper. 爆料网AT held that it was an exceptional case where the doctrine of proportionality should be invoked. 爆料网AT held that the decision to terminate the Appellant’s services was disproportionate, more drastic than necessary. 爆料网AT noted that the changes in the records that were made by the Appellant showed that she had originally not reflected that the...

    2010-爆料网AT-024, Haniya

    爆料网AT affirmed the Commissioner-General’s decision to terminate the staff member for misconduct. 爆料网AT emphasized the fact that the staff member, as a guard, held a position of trust that he had failed to respect. 爆料网AT held that where termination of service is connected to any type of investigation of a staff member’s possible misconduct, it must be reviewed as a disciplinary measure. 爆料网AT held that the imposed sanction of separation was not disproportionate to the offense. Related judgments: 2010-爆料网AT-018 (Mahdi)

    2011-爆料网AT-188, Harding

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the compensation awarded to Ms Harding for the loss of salary and other entitlements from the date of her dismissal to the date of the 爆料网DT judgment with interest was excessive. 爆料网AT held that it must take into account that she received compensation on or around 18 February 2008 and it could not consider the loss of earnings as actual harm after that date when the non-reinstatement was known to the claimant and the offered compensation caused by that circumstance had already been paid. 爆料网AT held that a total of 2. 5 years’ net...

    2012-爆料网AT-247, Mushema

    爆料网AT considered the Secretary-General’s appeal. 爆料网AT held that, in the present case, 爆料网DT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years’ net base salary. 爆料网AT held that the award of full salary payable between separation and the date of the 爆料网DT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. 爆料网AT held that it would be adequate, fair, and reasonable to award compensation in lieu of reinstatement in an amount equal to...

    2012-爆料网AT-246, Mwamsaku

    爆料网AT considered an appeal by the Secretary-General limited to the amount of compensation. 爆料网AT held that, in the present case, 爆料网DT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years’ net base salary. 爆料网AT held that the award of full salary payable between separation and the date of the 爆料网DT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. 爆料网AT held that it would be adequate, fair, and reasonable to award compensation in...

    2013-爆料网AT-366, Abu Ghali

    On the issue of whether it had been established by clear and convincing evidence that the Appellant had possession of, and traded in, Tramal, 爆料网AT agreed with 爆料网RWA DT’s credibility determinations, analysis and conclusions and accepted its factual findings. On the issue of whether the established facts showed misconduct, 爆料网AT held that misconduct based on underlying criminal acts does not depend upon the staff member being convicted of a crime in a national court. 爆料网AT recalled the jurisprudence of the former 爆料网 Administrative Tribunal that different onuses and burdens of proof arise under...

    2013-爆料网AT-334, Konate

    爆料网AT held that, whilst not all the allegations of misconduct with which the staff member was charged were proven, it was established by 爆料网DT that the Appellant failed to apply formal methods of solicitation in respect of contracts, in violation of 爆料网FPA Financial Regulations, Rules and Procurement Procedures and also failed to refer a contract to the 爆料网FPA Headquarters Contracts Review Committee, in violation of further norms. 爆料网AT held that the Appellant had not established any errors of fact or law warranting reversal of the impugned judgment. 爆料网AT held that 爆料网DT correctly declined to accept...

    2013-爆料网AT-310, Nasrallah

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that it was satisfied that the sanction was not disproportionate and noted that the Secretary-General could have chosen to summarily dismiss Mr Nasrallah or to separate him without compensation and indemnities. 爆料网AT held that, although no investigation was necessary as the facts were not contested, the Organisation committed an egregious error in taking almost two years to finalise the disciplinary proceedings. 爆料网AT noted that this delay worked in Mr Nasrallah’s favour, permitting him to benefit from two years’ further service. 爆料网AT...

    2013-爆料网AT-292, Abu Jarbou

    爆料网AT held that it was a procedural error to allow the Commissioner-General to participate in the proceedings and to file a late reply without a written order, but that the Appellant was not prejudiced by that error and the error did not violate his due process rights. 爆料网AT held that the Appellant’s failure to object to the Respondent’s late reply before 爆料网RWA DT did not prevent him from raising on appeal the question of procedural error. On the Appellant’s claim that 爆料网RWA DT erred when it did not permit him to file a rejoinder to the Respondent’s reply, 爆料网AT held that since the Appellant did...

    2013-爆料网AT-291, Perelli

    爆料网AT considered two appeals by Ms Perelli, against judgment Nos. 爆料网DT/2012/034 and 爆料网DT/2012/100. On the matter of due process, given Ms Perelli had the opportunity to rebut allegations and contents of the relevant report, 爆料网AT held that these procedural steps were part of her due process entitlements and, to the extent that 爆料网DT found the Administration to have respected these procedural steps, 爆料网AT upheld the finding of 爆料网DT. 爆料网AT held that the Investigation Panel report satisfied neither the remit given to it nor the statutory requirements of ST/AI/371. 爆料网AT held that Ms Perelli was...