爆料网

Investigation

  • Access to justice
  • Delay
  • Investigation
  • Right to a hearing
  • Right to comment/respond
  • Right to confront complainant
  • Right to cross-examine witnesses
  • Fact-finding investigation
  • Scope of investigation
    • Showing 91 - 100 of 248
    2022-爆料网AT-1222, Ahmad Mudardas

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

    爆料网DT/2022/037, Van de Graaf

    The burden of proving the provenance and authenticity of the footage is on the Respondent. The Tribunal found that the challenge as to the evidentiary value of the video can properly be dismissed, given the type of document (a video file), its content (a continuous show of people interacting with no discrepancies) and the comments on it by the Applicant (as mentioned). The Tribunal found that a forensic examination of the files was not necessary and that the anonymity of the sources did not undermine its clear and objective content. In this case, the Applicant was not simply careless to have...

    2010-爆料网AT-087, Liyanarachchige

    爆料网AT held that 爆料网DT had erred in law by upholding the decision to summarily dismiss the staff member, which was taken in violation of the requirements of adversarial proceedings and due process. 爆料网AT held that, while the use of statements gathered in the course of an investigation from witnesses who remain anonymous throughout the proceedings, including before 爆料网AT, cannot be excluded as a matter of principle from disciplinary matters, a disciplinary measure may not be founded solely on anonymous statements. 爆料网AT ordered rescission of the contested decision to summarily dismiss the staff...

    2010-爆料网AT-100, Abboud

    爆料网AT affirmed that the circumstances of the allegation of unsatisfactory conduct in the present case created the obligation to initiate a preliminary investigation. However, 爆料网AT noted that 爆料网DT erred in awarding damages to Mr Abboud while finding that he had not suffered any economic loss and that no actual damage existed. 爆料网AT rescinded the 爆料网DT’s judgment to the extent that it awarded damages to Mr Abboud.

    2010-爆料网AT-040, Aqel

    爆料网AT preliminarily held that the appeal should be regarded as timely because the initial submission in Arabic was received within the prescribed time limit. 爆料网AT noted that the fact-finding committee acted in an objective and responsible manner in conducting its investigation and assessing the charges. 爆料网AT noted that there was clear and convincing evidence supporting a finding of misconduct, which was not successfully rebutted by the Appellant, which alone was a sufficient basis for the impugned decision. Given the established misconduct and the seriousness of the incident, 爆料网AT held that it...

    2011-爆料网AT-168, Yapa

    爆料网AT considered appeals by both the Secretary-General and Mr Yapa. On the issue of the two-year ban on promotion, 爆料网AT held that 爆料网DT did not commit an error of law in considering that the general legal principle that a sanction may not be imposed on any person unless expressly provided for by a rule in force on the date of the facts held against that person must be respected in disciplinary matters. 爆料网AT held that 爆料网DT did not err on a question of law in finding that the sanction of a two-year ban on promotion lacked a legal basis. On the written censure and demotion, 爆料网AT held that 爆料网DT did...

    2012-爆料网AT-270, Marshall

    爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Mr Marshall. Regarding the Secretary-General’s appeal, 爆料网AT held that any reasonable or logical reading of Staff Regulation 1. 2 mandated the Organisation to investigate when the Complainant, in her letter of 15 August 2005, called Mr Marshall’s conduct into question. 爆料网AT held that 爆料网DT had erred in law and fact in determining otherwise. 爆料网AT held that there was no basis in law or fact for the pronouncements made by 爆料网DT in paragraphs 112-113 of its judgment. 爆料网AT held that 爆料网DT had applied an unduly restrictive...

    2012-爆料网AT-215, Cabrera

    The Secretary-General’s appeal and Mr Cabrera’s cross-appeal centred on the issue of whether placing a staff member on SLWFP violates their due process rights. 爆料网AT noted that, in this case, 爆料网DT created a new class of special leave, where the staff member was actually suspended with full pay. 爆料网AT did not agree with the Secretary-General’s contention that 爆料网DT erred in concluding that the Office of Internal Oversight Services’ investigation was not a preliminary investigation, as Mr Cabrera was put on leave using all the reasons under which he could be suspended. 爆料网AT found that 爆料网DT...

    2013-爆料网AT-301, Osman

    爆料网AT held that the Appellant’s submissions were largely a reiteration of his arguments before 爆料网DT. 爆料网AT held that 爆料网DT did not err in finding that there was no indication that the non-renewal decision or other incidents amounted to harassment. 爆料网AT held that 爆料网DT did not err when it concluded that the behaviours at stake, even when viewed together, did not point to any kind of prohibited conduct in the sense of ST/SGB/2008/5. 爆料网AT held that the 爆料网DT’s findings that the advice given to the Appellant regarding uncertified sick leave was correct. 爆料网AT held that the Appellant’s allegation that...

    2013-爆料网AT-295, Powell

    爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT was correct to find that there was no breach of Mr Powell’s due process rights at the preliminary investigation stage. 爆料网AT held that 爆料网DT manifestly erred in fact and in law by finding that the investigations conducted by the Board of Inquiry (BOI) and the Sexual Exploitation and Abuse (SEA) Team were final investigations and by then attaching due process rights that were pertinent only after the initiation of disciplinary proceedings. 爆料网AT allowed the appeal, set aside the 爆料网DT findings in paragraphs 86 and 106 of the...