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The ±¬ÁÏÍøAT held that the former staff member had a duty to promptly disclose to ±¬ÁÏÍøFPA that she was under investigation when she resigned from Oxfam¨Ca fact that it considered relevant to her suitability for the position. It noted that the application form included a specific question about whether she resigned while under investigation, indicating her awareness of the Organisation¡¯s core values. The ±¬ÁÏÍøAT also emphasized that her letter of appointment stated that she was responsible for providing any required information during both the application process and subsequent employment.

The ±¬ÁÏÍøAT...

The ±¬ÁÏÍøAT held that although the former staff member did not receive the full investigation report until after the disciplinary process was concluded, there was no due process violation because the opportunity to respond letter was detailed, and he received the full investigation report early in the Dispute Tribunal proceedings.

The ±¬ÁÏÍøAT held that the Dispute Tribunal had appropriately heard live testimony from numerous witnesses, all of whom were subject to cross-examination, and had admitted certain hearsay statements using established methods of corroboration. The ±¬ÁÏÍøAT held that the Dispute...

The Tribunal was mindful of the Organization¡¯s ¡°zero-tolerance¡± policy against sexual harassment and abuse as well as of the need for the Organization to protect its reputation and the integrity of the workplace.

The Tribunal noted that the standard required at the stage of imposing the administrative leave without pay ("ALWOP") is not ¡°clear and convincing evidence¡± but ¡°reasonable grounds to believe¡±, which is a lower standard. On balance, the Tribunal was satisfied that the initial phases of the investigation uncovered sufficient evidence to support a reasonable suspicion that the Applicant...

A staff member¡¯s duty to abide by managerial instruction lies at the heart of employment relationships and the Tribunals are expected to accord a measure of deference to managerial authority, including in setting performance standards (see, Applicant 2020-±¬ÁÏÍøAT-1030, para. 34).

The Applicant has not demonstrated any procedural or substantive breach of his rights. In the absence of any evidence that the performance standards applied by ±¬ÁÏÍøICEF are manifestly unfair and irrational, the Tribunal cannot substitute its decision for that of the decision-maker to overturn the contested decision.

Accordin...

The Tribunal decided to dismiss the application.

In the light of the facts established and the finding of misconduct, the three allegations mentioned in the sanctioning letter, relating to ¡®sexual molestation¡¯, constitute ¡®serious misconduct¡¯ under the terms of paragraph (b) of Staff Regulation 10.1. In addition, under paragraph (a) of Rule 10.2 of the Staff Rules, on the basis of which the sanction was imposed, dismissal is a possibility.

Dismissal is one of the most severe sanctions that can be imposed in an administrative or employment matter. However, a more lenient sanction would leave open...

The ±¬ÁÏÍøAT noted that the ±¬ÁÏÍøDT had not erred when it established that the staff member had improperly used his employer-issued laptop to access sexually-explicit websites and engaged in multiple instances of unauthorized outside activities. The ±¬ÁÏÍøAT held that he had not obtained approval to continue being the majority shareholder and director of a company.

The ±¬ÁÏÍøAT was of the view that the ±¬ÁÏÍøDT had not erred when it found that the staff member¡¯s activity constituted misconduct. The ±¬ÁÏÍøAT found that his contributions to the overall running of the business were material. The ±¬ÁÏÍøAT agreed with the...

As a preliminary matter, the Appeals Tribunal dismissed Mr. Wan's argument that he had been placed at a considerable disadvantage, directly impacting the outcome of the case, by the fact that he had been unrepresented before the ICAO Appeals Board.

Turning to the merits of the case, the Appeals Tribunal affirmed the findings of the Appeals Board that on clear and convincing evidence two counts of misconduct had been proved to have been committed by Mr. Wan which justified the imposition of the sanction of dismissal. On the material presented by the Secretary-General to the President, the...

At the outset, the Appeals Tribunal noted that Ms. Monasebian had provided little or no reason in support of her request for the anonymization of the Judgment other than a general statement that the information in her case was sensitive. The Appeals Tribunal took the view that anonymization was not warranted in this case and dismissed her request.

The Appeals Tribunal was satisfied that the ±¬ÁÏÍøDT did not err in finding that there was a preponderance of the evidence that Ms. Monasebian had engaged in a pattern of conduct through which she created an intimidating, hostile and/or offensive work...

The ±¬ÁÏÍøAT noted that the staff member publicly engaged in acts of a sexual nature in a clearly marked United Nations vehicle, bringing disrepute to the Organization and difficulties with the host country.

The ±¬ÁÏÍøAT found that the case was not one where the issues required the ±¬ÁÏÍøDT¡¯s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a ±¬ÁÏÍøDT hearing had not affected its decision. The ±¬ÁÏÍøDT had before it a video clip depicting the actions in question, which were clearly of a sexual nature.

The ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT that the lawfulness of the...

The ±¬ÁÏÍøAT noted that the staff member allowed an unauthorized female individual to board a United Nations vehicle assigned to him and to publicly commit acts of a sexual nature in the rear seat, bringing disrepute to the Organization and difficulties with the host country.

The ±¬ÁÏÍøAT found that the case was not one where the issues required the ±¬ÁÏÍøDT¡¯s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a ±¬ÁÏÍøDT hearing had not affected its decision. The ±¬ÁÏÍøDT appropriately considered the former staff member's admissions, as well as the video clip...