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The ±¬ÁÏÍøAT held that the former staff member did not request an oral hearing during proceedings before the ±¬ÁÏÍøDT and thus cannot be allowed to do so on appeal. The ±¬ÁÏÍøDT as the trier of fact cannot be bypassed.

The ±¬ÁÏÍøAT found no error in the ±¬ÁÏÍøDT¡¯s finding that the former staff member¡¯s post-separation grievances were beyond its scope of adjudication and not receivable because there was no prior and timely request for management evaluation. The sanction for non-compliance with this mandatory internal procedure is the non-receivability of the application challenging the contested decision.

The...

The ±¬ÁÏÍøAT held that the issues on appeal were whether the ±¬ÁÏÍøDT erred in finding the application not receivable for failure to request management evaluation within the mandatory 60?day time limit, whether it erred in identifying the date of notification of the contested administrative decision, and whether any findings on mootness or alleged due process violations affected the outcome. It recalled that its role on appeal is limited to determining whether the ±¬ÁÏÍøDT committed an error of law, fact, or procedure resulting in an unreasonable decision.

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT correctly identified...

The ±¬ÁÏÍøAT held that the former staff member committed sexual harassment towards the Complainant by: i) entering her accommodation without invitation, hugging, kissing, and licking her forehead without her consent, reclining her on her bed to lie next to him, and refusing to leave when asked; and ii) telling her the following day that she had been unable to sleep because she had been thinking of him.

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had provided a clear and reasoned analysis of the witnesses¡¯ credibility.It concluded that the ±¬ÁÏÍøDT¡¯s determination that certain discrepancies in the Complainant¡¯s...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in finding that the former staff member¡¯s change of title following a reclassification did not amount to an abolition or discontinuance of her post, rendering her termination of appointment unlawful.

The ±¬ÁÏÍøAT also determined that the ±¬ÁÏÍøDT did not err in awarding the former staff member compensation in lieu of two years¡¯ net base salary. In this regard, the ±¬ÁÏÍøAT emphasized that the ±¬ÁÏÍøDT correctly considered the fact that the former staff member¡¯s permanent appointment included a specific undertaking stating that she could only be terminated due to an...

The ±¬ÁÏÍøAT held that the Inspector General¡¯s Office (IGO) and the Administration failed to properly consider relevant factors brought to their attention during the investigation into the staff member's misconduct. Specifically, they did not considerate the medical context in which the established misconduct occurred, which could have been exculpatory for the staff member. The ±¬ÁÏÍøAT found that they failed to investigate and appreciate the potential effects of the staff member's brain tumour and/or treatment on certain aspects of his interpersonal relations with other staff members.

The ±¬ÁÏÍøAT held...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in finding that ATR¡¯s claim for compensation as a victim of sexual harassment was not receivable because the contested administrative decision did not concern compensation and the applicable legal framework does not provide for such entitlement. The ±¬ÁÏÍøAT noted that while Article 10(5)(b) of the ±¬ÁÏÍøDT Statute allows for compensation for harm, this remedy must relate to the administrative decision under review, which in this case concerned disclosure of disciplinary measures, not compensation.

The ±¬ÁÏÍøAT further held that the ±¬ÁÏÍøDT exceeded its jurisdiction in...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT correctly applied the judicial review tests under Article 2(1)(b) of its Statute. It found that the facts of misconduct were established by clear and convincing evidence, including direct testimony from refugees, corroborating documentary evidence, and hearsay, and that the former staff member had solicited bribes from refugees on multiple occasions between 2010 and 2019 in exchange for assistance with resettlement and other ±¬ÁÏÍøHCR services. It held that the established facts legally amounted to serious misconduct and that the sanction of dismissal was proportionate...

The ±¬ÁÏÍøAT noted that the staff member had applied for vacancies of different posts, at different times, with different selection processes, and had not been selected for different reasons. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had correctly decided that each of these decisions was separate and there was no evidence that they were related. The ±¬ÁÏÍøAT held that she had not met her burden of showing that the impugned Judgment was defective.

The ±¬ÁÏÍøAT held that the application in respect of the post in Pretoria was clearly out of time and in respect of the post in Nairobi premature and, as such, not receivable...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in finding that the Administration had not proven by clear and convincing evidence that Mr. Ammar made the Facebook post because the Inspector General¡¯s Office (IGO) inappropriately discounted the possibility that Mr. Ammar¡¯s Facebook account had been hacked. The ±¬ÁÏÍøAT found that the Administration met its burden of establishing that it was highly probable that Mr. Ammar posted the Comment and thus publicly expressed support for an honour killing. The Administration produced uncontradicted evidence that the comment came from Mr. Ammar¡¯s Facebook account and he...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had not failed to exercise jurisdiction nor committed an error in procedure. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had not exceeded its broad discretion in overruling the objections of the staff member¡¯s counsel when it permitted additional questions by the Secretary-General¡¯s counsel and, in any event, the ±¬ÁÏÍøDT¡¯s ruling had no material or prejudicial impact on the outcome of the case.

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had not erred in finding that the picture the staff member had sent to the complainant had been of an explicit sexual and even pornographic character. The ±¬ÁÏÍøAT...