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±¬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...

±¬ÁÏÍøAT affirmed the ±¬ÁÏÍøRWA DT Judgment. Regarding the deduction of a sum of money from his separation benefits, ±¬ÁÏÍøAT agreed that this claim was not first submitted for decision review. Regarding his separation from service without termination indemnity, ±¬ÁÏÍøAT also found no error in the ±¬ÁÏÍøRWA DT Judgment. The Tribunal agreed with the ±¬ÁÏÍøRWA DT that the bank statement did not contain the correct amount and that the invoices he submitted did not relate to genuine purchases. ±¬ÁÏÍøAT was satisfied that: (i) the facts on which the disciplinary measure was based had been established by clear and convincing...

±¬ÁÏÍøAT considered two appeals, one by Ms S. Nourain and one by Ms A Nourain, against judgment No. ±¬ÁÏÍøDT/2012/142. ±¬ÁÏÍøAT dismissed Ms A. Nourain¡¯s appeal as she was not a party to the proceedings and had no standing to appeal. ±¬ÁÏÍøAT held that the facts were not disputed; the misconduct had been established and so had its seriousness. ±¬ÁÏÍøAT held that it could not say that the sanction of dismissal was unfair or disproportionate to the seriousness of the offences. ±¬ÁÏÍøAT dismissed the appeal of Ms A Nourain as not receivable and the appeal of Ms S. Nourain on the merits.

±¬ÁÏÍøAT considered appeals by both the staff member and the Commissioner-General. ±¬ÁÏÍøAT held that the fact was undisputed that the staff member knowingly presented non-existent credentials despite questioning the ethics of accepting the document with his qualifications. ±¬ÁÏÍøAT held that termination was not disproportionate to the offence, taking into account that the staff member¡¯s recruitment, in the first instance, was predicated on the existence of a degree subsequently established to be without merit and which never would have qualified him for selection by the Organisation. ±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA...

±¬ÁÏÍøAT considered both an appeal by Ms Flores requesting an increase in compensation and a cross-appeal by the Secretary-General. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT did not err in either determining that there were procedural violations that warranted rescission of the separation decision or in its determination that Ms Flores was not entitled to reinstatement (justifying a material award) as her contract was due to expire shortly after receipt of the dismissal letter. ±¬ÁÏÍøAT noted that Ms Flores was not informed prior to the interview what the allegations were. Noting that the records indicated that Ms Flores...

±¬ÁÏÍøAT held that the summary dismissal decision was unlawful because the due process rights under IMO¡¯s Staff Regulations and Staff Rules were substantially violated. The Appellant had been charged with misconduct in the form of fraudulent activities undertaken to gain diplomatic accreditation, namely giving instructions to append an electronic signature to an official IMO communication without authorization or instruction by that colleague and misrepresenting his contractual status as internationally recruited in that communication. Noting that the Secretary-General of IMO considered the...

±¬ÁÏÍøAT considered an appeal by the Secretary-General. ±¬ÁÏÍøAT held that the Secretary-General discharged his burden to establish the facts of misconduct by clear and convincing evidence in relation to all the allegations of wrongdoing regarding the special education grants. ±¬ÁÏÍøAT held that the evidence proved not only fraud in the form of false accounting, but also the uttering of forged and falsified documents to the Organisation. ±¬ÁÏÍøAT held that the staff member¡¯s behaviour constituted serious misconduct by which she enriched herself by approximately USD 50,000 at the expense of the Organisation...

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT had committed various errors of law, fact, and procedure. ±¬ÁÏÍøAT held that the whole reasoning of ±¬ÁÏÍøDT was misconstrued and ±¬ÁÏÍøDT did not properly examine the lawfulness of the disciplinary sanction. ±¬ÁÏÍøAT held that there was clear and convincing evidence that the Appellant awarded and signed a contract on behalf of ±¬ÁÏÍøFPA, that she did not conduct any market research or consider other suppliers before doing so, that she had no authority to sign the contract and that she was involved in procurement activities in relation to another ±¬ÁÏÍøFPA vendor. Further, ±¬ÁÏÍøAT held that there was...

±¬ÁÏÍøAT held that there was no difficulty in principle regarding the admissibility of the secretly recorded conversation based on the way it was procured, even though it may have involved an element of entrapment; however, ±¬ÁÏÍøAT was concerned that the probative value of the evidence depended upon the credibility of a person who did not testify before the ±¬ÁÏÍøDT. ±¬ÁÏÍøAT noted that the content of the contemporaneous emails which supported the transcript of the telephone conversation remained hearsay unless it was confirmed by the authors or recipients of the emails and that none of the authors or...

±¬ÁÏÍøAT disagreed and distinguished the case at hand with the two cases cited by the ±¬ÁÏÍøDT. ±¬ÁÏÍøAT explained that in the case at hand, the staff member¡¯s actions could have a substantial reputational impact on the Organization and could also adversely affect the relationship between the Organization, Member States and the Host Country. The Tribunal emphasized that the actions of the staff member went beyond the mere internal affairs of the Organization and in fact the fraudulent act was used as an instrument to avoid legal proceedings in the Host Country. As such, ±¬ÁÏÍøAT concluded that the misconduct...