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The ±¬ÁÏÍøAT noted that the impugned Orders denying the staff member¡¯s requests for anonymity had been issued less than a month after the ±¬ÁÏÍøDT had granted his motion for anonymity in another case.

The ±¬ÁÏÍøAT found that the impugned Orders did not exist in isolation and the interaction of all these proceedings rendered the situation exceptional. The ±¬ÁÏÍøAT held that denying him anonymity for his two applications alone would defeat the purpose of anonymity and, in the unique circumstances of these proceedings, this inconsistency was prejudicial to the integrity of the internal justice system. The ±¬ÁÏÍøAT...

The ±¬ÁÏÍøAT noted that the ±¬ÁÏÍøDT¡¯s findings had been based on credible evidence when it determined that the staff member¡¯s son had contracted Covid-19; he had been treated under the supervision of her primary medical care provider; and payment had been made based on invoices from that provider reflecting the care he had provided.

The ±¬ÁÏÍøAT was of the view that in light of the testimony of the staff member¡¯s witnesses, including herself and the medical professional who had treated her son, it had not been erroneous for the ±¬ÁÏÍøDT to conclude that the Administration had failed to establish the medical...

The Respondent argued that the discontinuation of the Applicant¡¯s position was distinct from the non-renewal of his position. The Tribunal rejected this argument. The Tribunal found that the decision-maker linked the discontinuation of the Applicant's post with the non-renewal. The Tribunal held that the discontinuation and non-renewal were inextricably interrelated and therefore the application was receivable. The Respondent¡¯s argument that the claim was not receivable ratione temporis was rejected.

The Respondent¡¯s distinction, while perhaps academically correct, would make receivability no...

In the present case, according to the Applicant¡¯s own submissions, he was not in a situation of ¡°an absolute impossibility¡± of filing a timely waiver as per Karki. Instead, while apparently being aware of expiry of the deadline, he continued to work intensely on preparing the application, and rather than giving priority to filing it in time, he instead wanted it ¡°to be perfect¡±. When then filing the application, the Applicant, however, made no reference to it being filed too late or indicating that he requested a waiver of the 90-day deadline under art. 8.3 of the Statute. He only requested a...

The applicable rule stipulates that an application for interim measures during the proceedings must not concern appointment, promotion or termination. As this was clearly a case where the motion for interim measures concerned appointment, the temporary relief set out in art.14 was unavailable to the Applicant.

Accordingly, the motion for interim measures during the proceedings was rejected.

In any case, the Tribunal noted that the contested decision had already been implemented as the Applicant had been separated from ±¬ÁÏÍøHCR.

As the Applicant filed the application before the Dispute Tribunal almost two months after the decision to include his name in the ClearCheck database was implemented, the application for suspension of action was therefore not receivable.

Having established that the Applicant was duly notified of the contested decision on 22 May 2023, the Tribunal found that the request for management evaluation should have been filed by 22 July 2023, at the latest. Since the Applicant only filed the request for management evaluation on 23 November 2023, the Tribunal further found that the application was not receivable.

As Counsel for the Applicant admitted that the Administration had already substantially settled the Applicant¡¯s tax liability claims for 2022 and 2023, the Tribunal also considered those aspects of the application as moot.

The...

the Tribunal rules in favour of the Applicant, concluding that she acted in good faith in her efforts to secure her son¡¯s medical treatment and in the subsequent submission of medical invoices for reimbursement.

The Tribunal finds that the contested decision terminating the Applicant¡¯s employment, was, therefore, unlawful.

A witness investigator's act of following the testimony of a Respondent witness while she was testifying contravened the ethical and procedural standards expected of a witness by decision to disregard this fundamental procedural rule not only demonstrates a potential bias but...

The Rules of Procedure of the Appeals Tribunal (which were also approved by the General Assembly), expressly provide that ¡°published judgements will normally include the names of the parties.¡± Even if names were within the ambit of ¡°personal data¡±, it appears clear that this Tribunal must balance the need for accountability with the need to protect personal data according to the circumstances of each case. In so doing, it is the general practice of this judge to avoid using names, other than the parties, to protect the anonymity of innocent persons somehow involved in the case. As a victim of...

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...