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±¬ÁÏÍøAT considered an appeal by the Secretary-General. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in fact and in law in its finding that the facts of misconduct were not established by clear and convincing evidence. ±¬ÁÏÍøAT held that a number of the factual findings made by ±¬ÁÏÍøDT were not supported by the evidence and were unreasonable. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT should have limited itself to determining whether the Secretary-General was within his authority to impose disciplinary measures on Mr. Hossain, and that by speculating on the misconduct of another individual, the ±¬ÁÏÍøDT exceeded its competence. ±¬ÁÏÍøAT held...

±¬ÁÏÍøAT considered an appeal by the Secretary-General of the United Nations. ±¬ÁÏÍøAT held that Mr. Khamis¡¯ proven conduct did not itself amount to misconduct: he did not engage in transactional sexual relations with local persons and his sexual relations with two local women were more in the nature of domestic, albeit polygamous and ¡®open¡¯, relationships. ±¬ÁÏÍøAT held that it was not established that payments made to both women were commercial transactions in return for sexual favours. ±¬ÁÏÍøAT held that there was not such an imbalance of power between Mr. Khamis and the two women that they could be termed...

±¬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 held that the Appellant did not demonstrate any errors in the ±¬ÁÏÍøDT¡¯s finding that her application was filed one day late and was out of time. ±¬ÁÏÍøAT held that it is the receipt of the management evaluation response which triggers the time limit for filing an application to the ±¬ÁÏÍøDT, and not the moment when the staff member or her legal representative could reasonably be assumed to have taken notice of the response. In concurrence with the ±¬ÁÏÍøDT Judgment, ±¬ÁÏÍøAT held that the Appellant had not presented any exceptional circumstances to justify waiving the time limits and that any such...

±¬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...

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...

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...

±¬ÁÏÍøAT dismissed the Secretary-General¡¯s appeal and granted the staff member¡¯s cross-appeal, in part. ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT properly took into account several facts that were relevant in determining whether there had been sexual exploitation and abuse of vulnerability or trust. The Tribunal reasoned the burden on the Administration was to show on clear and convincing evidence that the staff member¡¯s conduct fell in one of the following five categories: (i) he abused a position of vulnerability for sexual purposes; (ii) he abused a position of differential power for sexual purposes; (iii) he...

±¬ÁÏÍøAT considered both appeals by the Secretary-General and by Mr Hussein Haidar. ±¬ÁÏÍøAT denied the request for an oral hearing. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT did not err in concluding that the facts, on which the disciplinary measure was based, had been established by clear and convincing evidence. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT correctly concluded that the established facts legally amounted to serious misconduct. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT did not commit an error in procedure such as to affect the decision of the case when considering one of the statements. ±¬ÁÏÍøAT found no error in ±¬ÁÏÍøDT¡¯s finding that the measure of...

The main evidence against the Applicant was the testimony of the driver who claimed that he had been asked by the Applicant to bring a carton to Dire Dawa. The Respondent claimed that a printer was missing from the inventory list. The driver¡¯s testimony was credible, especially since he was able to provide precise details on the printer¡¯s bar code and the serial number. In view of the overwhelming evidence that the Applicant had shown a pattern of misconduct, including the storage of obscene material on his official computer, the Tribunal was satisfied that the Respondent established a prima...