±¬ÁÏÍø

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 erred in concluding that the staff member¡¯s actions did not constitute misconduct. The ±¬ÁÏÍøAT found that it had been established, by a preponderance of the evidence, that the staff member had failed to cooperate with an investigation conducted by the Office of Internal Oversight Services (OIOS), which concerned another staff member under investigation for misrepresenting his place of accommodation.

It found that the staff member had deliberately withheld information and provided generic, vague, and misleading responses during his initial OIOS interview regarding the...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT properly exercised its discretion in excluding the former staff member¡¯s allegations of racism within the CAF and his claim that his counsel was treated unfairly during the ±¬ÁÏÍøDT hearing, as well as in denying his request to call the investigator to testify. Nevertheless, the ±¬ÁÏÍøAT concluded that the ±¬ÁÏÍøDT erred in finding that the facts underlying the alleged misconduct had been proven by clear and convincing evidence, particularly in its assessment of the credibility of the witnesses.

Regarding V01¡¯s allegations, the ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT improperly explained away...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA Dispute Tribunal did not err in concluding that the former staff member¡¯s misconduct was established and that the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity, was proportionate under the Agency¡¯s regulatory framework. The ±¬ÁÏÍøAT emphasized that fraud and collusive practices are considered areas of high concern and that misconduct committed by a person in a position of trust, such as a member of the Provident Fund Loans Committee, warrants a severe sanction.

The ±¬ÁÏÍøAT further held that the ±¬ÁÏÍøRWA...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in concluding that the Administration lawfully imposed the disciplinary measure of demotion by one grade with deferment for three years of promotion eligibility and gender?sensitivity training. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT correctly applied the governing legal framework, including Staff Rule 1.2(f) and ST/SGB/2008/5, in determining that the staff member¡¯s conduct, an inappropriate remark referencing nudity and a stroking gesture, physical intimidation of a colleague, and leering at female staff, constituted sexual harassment and workplace harassment.

The...

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 determined that it had been demonstrated by clear and convincing evidence that the former staff member committed serious misconduct by: i) failing to return to the United Nations Federal Credit Union (±¬ÁÏÍøFCU) funds of USD 587,428.65 that were erroneously credited to her account and to which she was not entitled; ii) failing to comply with a judgment issued by the High Court of Zambia (High Court Judgment), which ordered her to return the aforementioned funds to ±¬ÁÏÍøFCU; and iii) submitting false documentation and/or misrepresenting facts during the investigation conducted by the Office...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had not erred in finding that it had been proven by clear and convincing evidence that the staff member had engaged in harassment and abuse of authority, used her office for personal reasons to prejudice the position of a colleague, disclosed sensitive information, failed to report the possible misconduct of others, used a personal e-mail address contrary to the applicable provisions, and exchanged inappropriate messages about colleagues.

The ±¬ÁÏÍøAT found that regardless of whether she had been a whistleblower engaged in a protected activity, there was no evidence that...

The ±¬ÁÏÍøAT concluded that the ±¬ÁÏÍøDT did not err in finding that two periods of delay in addressing the former staff member¡¯s complaints was not evidence of bias against her. The ±¬ÁÏÍøAT held that delay alone is not indicative of bias.

The ±¬ÁÏÍøAT further held that the former staff member¡¯s claims related to a certain press release had been decided by prior Tribunal judgments and could not be relitigated.

The ±¬ÁÏÍøAT also found that the ±¬ÁÏÍøDT correctly confirmed that the establishment of the fact-finding Panel, its process of fact-finding and reporting, and its interactions with the former staff member as...

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...