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The ±¬ÁÏÍøAT first considered the staff member¡¯s request for an oral hearing, and decided it was not necessary for the expeditious and fair disposal of his case.

The ±¬ÁÏÍøAT observed that when the only persons present in a physical assault are the perpetrator and the victim, an oral hearing may be useful for reaching credibility findings. However, in this case, the ±¬ÁÏÍøAT noted that the staff member and his counsel agreed that they had no witnesses to present at an oral hearing and preferred to rely on the investigation report. In these circumstances, the ±¬ÁÏÍøDT did not err in not holding an oral hearing...

The ±¬ÁÏÍøAT first considered the staff member¡¯s request for an oral hearing, and decided it was not necessary for the expeditious and fair disposal of his case.

The ±¬ÁÏÍøAT observed that when the only persons present in a physical assault are the perpetrator and the victim, an oral hearing may be useful for reaching credibility findings. However, in this case, the ±¬ÁÏÍøAT noted that the staff member and his counsel agreed that they had no witnesses to present at an oral hearing and preferred to rely on the investigation report. In these circumstances, the ±¬ÁÏÍøDT did not err in not holding an oral hearing...

The ±¬ÁÏÍøAT held that the staff member¡¯s application was not receivable, as his placement on the overtime Priority Two List, rather than the Priority One List, and the consequent non-assignment of overtime to him on 10 April 2023, did not violate any regulations, rules or administrative issuances. The ±¬ÁÏÍøAT found that the staff member had no contractual right, nor ¡°de facto entitlement¡± to perform overtime work or to select his own overtime schedule. On the contrary, it recalled that the allocation of overtime is discretionary with management. Furthermore, the ±¬ÁÏÍøAT observed that the...

The ±¬ÁÏÍøAT found that Article 9(4) of the ±¬ÁÏÍøDT Statute regarding the nature of the judicial review that the ±¬ÁÏÍøDT conducts in disciplinary cases did not apply to the instant case as it was adopted after the hearing was held. The parties presented their evidence, including a chronology of agreed facts as well as live testimony, and made their respective post-hearing submissions, under a legal framework where Article 9(4) was not operative and it would be inappropriate, and a denial of due process, to apply a new evidentiary framework at the point of decision, ex post facto.

The ±¬ÁÏÍøAT found that...

The ±¬ÁÏÍøAT found that the present motion was distinguishable from a typical motion for withdrawal of an appeal: the non-moving party objects to the withdrawal as a revised appeal would enable the Secretary-General to address arguments included in the answer and, second, the Secretary-General still deems it necessary to pursue an appeal. The ±¬ÁÏÍøAT held that its reiteration in a recent case that appeals on the merits and relief should be considered together had not been new and was an insufficient basis on which to request the filing of a revised appeal. The ±¬ÁÏÍøAT found, however, that when the ±¬ÁÏÍøDT...

On anonymization Article 11.6 of the Tribunal¡¯s Statute provides in its relevant part that its judgments shall be published while protecting personal data. A similar provision is contained in art. 26.2 of the Tribunal¡¯s Rules of Procedure. Given that the present case relies on medical evidence to support a claim for moral harm, the Tribunal finds that it is reasonable to redact the Applicant¡¯s name from this judgment. On the merits Based on the evidence on record, the Tribunal concluded the following. First, the Tribunal found that the two charges against the Applicant were established as per...