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±¬ÁÏÍøDT¡¯s findings that the former supervisor may have retaliated against the staff member for her work-related conduct and for seeking recourse in the internal justice system and that he used his position of authority to improperly influence her work conditions are supported by the available evidence. ±¬ÁÏÍøAT found that the former supervisor had evicted the staff member from her functions preventing her from carrying out her duties and intended to humiliate and embarrass her by unjustifiably copying uninterested persons in personal and confidential communications concerning her performance. The...

±¬ÁÏÍøAT held that it was not appropriate to adjudicate the ICAO Secretary-General¡¯s motion regarding the Appellant¡¯s claims impugning the AJAB¡¯s functioning as the ¡®Neutral First Instance Process¡¯ at that stage since the issues raised in the motion would be decided when ±¬ÁÏÍøAT had considered the whole of the evidence in the appeal. ±¬ÁÏÍøAT dismissed the motion. ±¬ÁÏÍøAT held that AJAB had given a very thorough, fair, and informed consideration of the Appellant¡¯s case in which it examined the irregularities alleged. ±¬ÁÏÍøAT rejected the Appellant¡¯s submission that AJAB erroneously admitted eight previously...

The Secretary-General appealed. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred in law when it found that there was a breach of Mr Elobaid¡¯s due process rights, as Mr Elobaid was correctly apprised of the allegations against him, which could lead to administrative action, and was afforded the opportunity to make representations against the measure taken. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred in fact, resulting in a manifestly unreasonable decision, when it assumed that the reprimand originated from Mr Ward, of the Chief Programme Support and Management Services at the Office of the High Commissioner for Human Rights, who...

±¬ÁÏÍøAT held that the undisputed facts, the evidence of a credible report, coherent hearsay evidence pointing to a pattern of behaviour, the consistency of the witness statements, the unsatisfactory statement of the staff member, and the inherent probabilities of the situation, taken cumulatively, constituted a clear and convincing concatenation of evidence establishing, with a high degree of probability, that the alleged misconduct in fact occurred. ±¬ÁÏÍøAT noted that the Organisation is entitled to and obliged to pursue a severe approach to sexual harassment and that the message, therefore, needs...

±¬ÁÏÍøAT held that the Appellant failed to demonstrate exceptional circumstances warranting the admission of additional evidence on appeal. ±¬ÁÏÍøAT found no errors in the ±¬ÁÏÍøDT¡¯s analysis that there were no procedural flaws in the investigation that impacted the Appellant¡¯s rights. ±¬ÁÏÍøAT found no errors in ±¬ÁÏÍøDT¡¯s finding that the Administration had the discretion to initiate disciplinary proceedings. ±¬ÁÏÍøAT held that the Administration could neither be compelled to initiate disciplinary proceedings nor impose the reasonable accommodation requested by the Appellant, namely no contact with his First...

±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøRWA DT that the contested decision was a lawful exercise of discretion. Regarding the Appellant¡¯s claim that the process was tainted because of the lapse of time since the complained of behavior occurred (ten years) and because of the hearsay nature of the evidence, ±¬ÁÏÍøAT explained that these same arguments were made both to the DT and to the Administration during the investigation phase. The Tribunal agreed with the ±¬ÁÏÍøRWA DT that there was sufficient corroborating evidence to back the allegations. The Tribunal also noted that it is within the ±¬ÁÏÍøRWA DT¡¯s role to review...

±¬ÁÏÍøAT considered an appeal by Ms. Modey-Ebi. ±¬ÁÏÍøAT noted that the issues in the appeal were entirely factual, most of which were resolved on the evidentiary record which in most respects established a pattern of misconduct justifying dismissal. ±¬ÁÏÍøAT noted that while some of the proven allegations against Ms. Modey-Ebi were less serious than others, cumulatively they revealed a pattern of unethical conduct indicating that Ms. Modey-Ebi was not suited for the senior position she held. Her behaviour revealed a lack of propriety and integrity and her behaviour was inconsistent with her duties under...

The staff member appealed to ±¬ÁÏÍøAT arguing inter alia that there was no clear and convincing evidence in the record showing that he was aware that he was the subject of an investigation at the time he applied to the ±¬ÁÏÍøICEF job. ±¬ÁÏÍøAT determined that the letter from the IOM Legal Counsel (an authorized representative of an agency within the United Nations System) enjoyed the status of an ¡°official act¡± and as such carried with it ¡°the presumption of regularity¡±. The Tribunal found that once this evidence had been adduced, it was incumbent upon the staff member to rebut it, which he failed to do...

±¬ÁÏÍøAT found the ±¬ÁÏÍøDT correctly reviewed and rescinded the contested decision because of the procedural irregularities encountered during the investigation. But in addition to the procedural issues, ±¬ÁÏÍøAT also noted there were other significant errors. The Tribunal found that the panel erred when it sought to determine the Medical Officer¡¯s intent during the breast examination. The panel had previously concluded that there was no clear and convincing evidence that the actions of the Medical Officer during the breast examination were sexual in nature. Referring to Section 1.3 of ST/SGB/2008/5, the...

±¬ÁÏÍøAT dismissed the Secretary-General¡¯s appeal and granted the staff member¡¯s cross-appeal, in part. ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT properly took into account several facts that were relevant in determining whether there had been sexual exploitation and abuse of vulnerability or trust. The Tribunal reasoned the burden on the Administration was to show on clear and convincing evidence that the staff member¡¯s conduct fell in one of the following five categories: (i) he abused a position of vulnerability for sexual purposes; (ii) he abused a position of differential power for sexual purposes; (iii) he...