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The Appeals Tribunal rejected AAD's request for an oral hearing because she provided no persuasive reasons in support of her request.

±¬ÁÏÍøAT held that the Dispute Tribunal erred in determining whether the established facts qualify as misconduct and whether the disciplinary sanctions were proportionate. In its Judgment, the Dispute Tribunal also erred by substituting its determination of the appropriate disciplinary sanction for that of the Administration and, as such, the ±¬ÁÏÍøAT concluded that the ±¬ÁÏÍøDT Judgment must be vacated. AAD said her actions did not amount to misconduct and sought a...

The ±¬ÁÏÍøAT held that because the possible error in the assessment of the facts by the ±¬ÁÏÍøDT had no bearing on the outcome of the case, the Secretary-General¡¯s cross-appeal could not be received.

The ±¬ÁÏÍøAT found that although an Ivorian Court judgment, finding the staff member guilty of fraud, had not been cited in the sanction letter, this was inconsequential because it was clear from the record that he had been aware of the judgment when he applied for the position and completed the PHP specifying ¡°no¡± to the question whether he had ¡°ever been indicted, fined or imprisoned for the violation of...

As a preliminary matter, ±¬ÁÏÍøAT held that the Joint Appeals Board (JAB) had provided a decision as required by Article 2(10) of the ±¬ÁÏÍøAT Statute and therefore ±¬ÁÏÍøAT had jurisdiction to hear the appeal. Further, ±¬ÁÏÍøAT held that an oral hearing would not assist with the expeditious and fair disposal of the case as required by Article 18(1) of the ±¬ÁÏÍøAT Rules of Procedure and therefore denied the request for an oral hearing. ±¬ÁÏÍøAT held that there was no error in the JAB¡¯s decision affirming the contested decision of wrongdoing following the Appellant¡¯s failure to report to work and holding of...

Oral hearing: Mr. Izurieta Canova applied in terms of Article 18(1) of the Rules of Procedure of the ±¬ÁÏÍøAT for an oral hearing to be held in this case. As this is a straightforward matter, not attended by any factual or legal complexity, ±¬ÁÏÍøAT did not consider that a hearing would assist in the expeditious and fair disposal of the case. For that reason, the application for an oral hearing was refused.

The question on appeal was whether the impugned recruitment cancellation decision by the Secretary-General of ±¬ÁÏÍøCTAD was a lawful and reasonable exercise of discretion?

The motive for the...

The ±¬ÁÏÍøAT held that the decisive fact which the staff member maintains is sufficient for the revision is a letter that was known to him at the time of his initial application to the ±¬ÁÏÍøDT. The ±¬ÁÏÍøAT found that the reasons for not presenting it were not persuasive.

The ±¬ÁÏÍøAT noted that even if it were to consider the letter known only at the time of the issuance of the previous ±¬ÁÏÍøAT Judgment, the application for revision had not been filed on time.

The ±¬ÁÏÍøAT was of the view that the staff member¡¯s application for revision constituted, in fact, a disguised attempt to re-open the case and that was...

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus she failed to sustain her burden of both production and proof.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to her, calculated at the US prime rate. The Applicant¡¯s claim for financial and...

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...