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The essential question for determination on appeal is whether the ±¬ÁÏÍøDT correctly held that the alleged misconduct of creating a hostile work environment and giving of gifts was proved in accordance with the standard of clear and convincing evidence. In other words, did the evidence establish the alleged misconduct to a high degree of probability? At its essence, therefore, this case involves strongly contested disputes of fact about whether AAC conducted himself in a manner that was abusive and created a hostile working environment. The Administration says he did. AAC strongly denies it. Thus...

As a preliminary matter, ±¬ÁÏÍøAT dismissed the appeals of two staff members who were not a party to the proceedings before the ±¬ÁÏÍøDT and had no standing. On the merits, ±¬ÁÏÍøAT held that there was a reviewable administrative decision within the meaning of Article 2(1)(a) of the ±¬ÁÏÍøDT Statute. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred finding that the announcement by the USG/DGACM dated 8 April 2021 that the daily workload of translators would be increased to 5.8 pages and of self-revisers to 6.4 pages, was not an appealable administrative decision for the purpose of Article 2(1) of the ±¬ÁÏÍøDT Statute. ±¬ÁÏÍøAT held...

Mr. Beda appealed. As a preliminary matter, ±¬ÁÏÍøAT dismissed Mr. Beda's motion seeking leave to file a rejoinder on grounds that there was no probative value to the rejoinder Mr. Beda sought to file, and there was nothing new in the Administration's answer that would require him to have an opportunity to provide a rebuttal or rejoinder. Turning to the merits, ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had applied the correct legal standard in its Judgment - whether the facts had been established by clear and convincing evidence - and properly assessed the evidence and credibility of witness testimony, making the...

±¬ÁÏÍøAT held that the Appellant merely repeated arguments raised before ±¬ÁÏÍøDT regarding the evidence. ±¬ÁÏÍøAT accepted ±¬ÁÏÍøDT¡¯s finding that there was clear and convincing evidence to establish the facts underlying the allegations of misconduct. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT applied the appropriate legal standard, namely clear and convincing evidence. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT heard the evidence of the complainant, other material witnesses, assessed the credibility and reliability of the testimony under oath before it, determined the probable facts and then rendered a decision as to whether the onus to establish the...

Mr. Lucchini and the Secretary-General disagreed on whether ±¬ÁÏÍøAT confirmed the ±¬ÁÏÍøDT¡¯s award of compensation for moral damages, in addition to increasing the amount of in lieu compensation from 10 months to 24 months, or ordered payment of the increased amount of compensation in lieu (of two years¡¯ net base salary) but did not include the original award of compensation for moral harm that had been ordered by the ±¬ÁÏÍøDT. Mr. Lucchini filed an application for interpretation seeking confirmation of his view that ±¬ÁÏÍøAT¡¯s ruling increased the amount of in lieu compensation from 10 to 24 months¡¯ net...

The Secretary-General sought interpretation, revision, and execution of Judgment No. 2021-±¬ÁÏÍøAT-1118, on grounds that he was unable to effectuate the compensation awarded in the ±¬ÁÏÍøDT Judgment because Mr. Dieng refused to provide his banking details. ±¬ÁÏÍøAT held that the Judgment was clear, written in plain and unambiguous language, and it left no reasonable doubt as to what it meant. Thus, there was no need for clarification. ±¬ÁÏÍøAT further found that the Secretary-General had failed to argue that he had discovered a decisive fact which was unknown to the Appeals Tribunal at the time the Judgment...

±¬ÁÏÍøAT considered an appeal by the Secretary-General. ±¬ÁÏÍøAT held that Ms. Caucci¡¯s situation differed from the ±¬ÁÏÍøDT Judgment in Tran Nguyen (±¬ÁÏÍøDT/2015/002) and therefore it was erroneous for the ±¬ÁÏÍøDT to apply such jurisprudence to find that Ms. Caucci had a general service lien with MINUSMA during and after her service with DPO. ±¬ÁÏÍøAT held that the rights of staff members on secondment under the Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff among the Organizations applying the United Nations Common System of Salaries and Allowance, which was at issue in Tran Nguyen...

±¬ÁÏÍøAT held that the undisputed breach of confidentiality in the selection process provided rational grounds for the cancellation decision. ±¬ÁÏÍøAT held that the fact that the Appellant had access to information about his test score and that he was perhaps seeking to influence the decision through the hiring manager, rendered the selection exercise problematic and unsatisfactory. ±¬ÁÏÍøAT held that the perception was unavoidably created that the Appellant was inappropriately favoured with access to information about a decision concerning his interests and in respect of which he enjoyed no authority...

Request for oral hearing: Given Mr. Toson¡¯s arguments wherein he wishes to contest evidence before the Dispute Tribunal in a manner that would be essentially a rehearing of the evidence, ±¬ÁÏÍøAT held that an oral hearing should not be granted and would not assist in expeditiously and fairly resolving the issues in this appeal. On the merits, ±¬ÁÏÍøAT held that the Dispute Tribunal applied the appropriate standard of review. It reviewed the applicable policy of the ±¬ÁÏÍøFPA for selection processes (the PPM), reviewed the evidence, and determined that the applicable procedures were followed in the...

Mr. Krioutchkov appealed. ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT correctly held that the timing of the written test was justifiable in that holding the test at a set hour worldwide was a rational way of avoiding leaks of the test materials. The inconvenience to the Administration of accommodating different test schedules outweighed the inconvenience of Mr. Krioutchkov being required to adjust his schedule. The scheduling decision was accordingly reasonable. Moreover, having refused to participate in the written examination, Mr. Krioutchkov was estopped from challenging the non-selection decision. ±¬ÁÏÍøAT found...