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±¬ÁÏÍøAT considered the Appellant¡¯s motion for leave to file additional pleadings and the appeal. ±¬ÁÏÍøAT noted that neither the ±¬ÁÏÍøAT Statute nor the ±¬ÁÏÍøAT RoP provide for an appellant to file an additional pleading after the respondent has filed an answer. ±¬ÁÏÍøAT also noted that Article 31(1) of the RoP and Section II. A. 3 of Practice Direction No. 1 of the Appeals Tribunal allow the Appeals Tribunal to grant a party¡¯s motion to file additional pleadings only if there are exceptional circumstances justifying the motion. ±¬ÁÏÍøAT held that the Appellant did not demonstrate any exceptional circumstances...

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT erred in finding the Hiring Manuals binding on the Administration, nonetheless, confirming that the Hiring Manager¡¯s reliance on the shortlist prepared by the CSS/OSU constituted a procedural irregularity in terms of Section 7. 4 of ST/AI/2010/3, which undisputedly enjoys binding legal authority. ±¬ÁÏÍøAT held that such irregularities only result in the rescission of a non-selection decision or of the decision not to shortlist a candidate in case the candidate had a significant chance, which could not be verified in this case, the same logic being applicable to compensation for...

±¬ÁÏÍøAT rejected the Appellant¡¯s request for an oral hearing. ±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT did not commit an error of procedure such as to affect the decision of the case by failing to order the Agency to allow the participation of the Appellant representative in the oral hearing or by failing to accommodate the latter¡¯s employment situation. ±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT did not err on a question of fact, resulting in a manifestly unreasonable decision when it determined that the Head of Education Department (H/ED) had not received the Appellant¡¯s request for SLWOP and, consequently, that there had not...

±¬ÁÏÍøAT considered the appeal by the Secretary-General. ±¬ÁÏÍøAT held that the Secretary-General¡¯s appeal was in direct conflict with his submissions to ±¬ÁÏÍøDT. While the Secretary-General acknowledged procedural irregularities by the Hiring Manager to ±¬ÁÏÍøDT, in his appeal he argued that no irregularities happened in removing the Applicant¡¯s name from the list and that the Hiring Manager was entitled to exercise her discretion and correct her mistakes after further assessing the candidate¡¯s qualifications. ±¬ÁÏÍøAT held that no evidence was presented to ±¬ÁÏÍøDT of a second assessment by the Hiring Manager or...

±¬ÁÏÍøAT considered the content of the Appellant¡¯s appeal, the ±¬ÁÏÍøRWA DT judgment, and the Appellant¡¯s request for compensation for material and moral damages and costs. ±¬ÁÏÍøAT found that the Appellant¡¯s appeal was defective in that it failed to identify any of the five grounds of appeal set out in Article 2(1) of the Statute as forming the legal basis of his appeal. ±¬ÁÏÍøAT also held that there was no error in the ±¬ÁÏÍøRWA DT¡¯s findings that the Administration¡¯s decision not to confirm the Appellant¡¯s appointment was solely based on his performance and that his allegations of harassment and discrimination...

±¬ÁÏÍøAT considered whether exceptional circumstances should apply to the Appellant¡¯s appeal, under Article 8(3) of the ±¬ÁÏÍøDT Statute. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT was correct in its conclusion that absent a full explanation for the five-month delay after her discharge from the hospital, the Appellant could not avail herself of the plea of exceptional circumstances. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT did not err in finding that the application was not receivable. ±¬ÁÏÍøAT dismissed the appeal.

On appeal by the Secretary-General, ±¬ÁÏÍøAT found that ±¬ÁÏÍøDT erred in fact and in law in its finding that the facts of misconduct were not established by clear and convincing evidence. ±¬ÁÏÍøAT noted that a proper consideration of the whole of the evidence could only have led to one conclusion, and that is that the individual assaulted the victim. ±¬ÁÏÍøAT found that ±¬ÁÏÍøDT did not consider the evidence objectively, specifically by giving misplaced importance to minor inconsistencies, coming to unreasonable conclusions on the facts which were not supported by the evidence, and making speculations instead of...

±¬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...

±¬ÁÏÍøAT considered the appeal by the Secretary-General. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT correctly concluded that the Administration properly exercised its discretion to place the Applicant on administrative leave, considering an enduring reputational risk in light of the allegations relating to sexual abuse and exploitation of an under-age girl, which were reasonably supported by the evidence. ±¬ÁÏÍøAT held that the new Staff Rule 10. 4(c), which had not yet been enacted at the relevant time, was not applicable to the Applicant¡¯s misconduct. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT¡¯s factual findings were open to criticism in that...

±¬ÁÏÍøAT rejected the request for an oral hearing. ±¬ÁÏÍøAT held, noting that the Appellant appeared to be restating the same claims she made before ±¬ÁÏÍøDT, that she did not identify any grounds for her appeal nor demonstrate that ±¬ÁÏÍøDT committed any error of fact or law in arriving at its decision. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT fully and fairly considered the case, without errors of law or fact. ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøDT judgment.