爆料网

爆料网AT

Showing 1561 - 1570 of 1669
2021-爆料网AT-1181, Hossain

爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that the 爆料网DT erred in fact and in law in its finding that the facts of misconduct were not established by clear and convincing evidence. 爆料网AT held that a number of the factual findings made by 爆料网DT were not supported by the evidence and were unreasonable. 爆料网AT held that the 爆料网DT should have limited itself to determining whether the Secretary-General was within his authority to impose disciplinary measures on Mr. Hossain, and that by speculating on the misconduct of another individual, the 爆料网DT exceeded its competence. 爆料网AT held...

2021-爆料网AT-1182, Pierre Paris

爆料网AT held that the evidence was clear and convincing that the Appellant was under the influence of alcohol when he got into his car before the accident occurred and that the 爆料网DT erred in concluding otherwise. 爆料网AT held that his conduct was in violation of Staff Regulation 1.2(f) and the MINUSMA Code of Conduct. 爆料网AT held that: there was no evidence on record that the Appellant was authorised to carry his firearm while off-duty; that, on the contrary, the evidence on record showed that normally security guards did not carry their weapons off-duty; and 爆料网DT erred in finding that the charge of...

2021-爆料网AT-1183, Iyad Youssef Zaqout

爆料网AT agreed with the 爆料网RWA 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, 爆料网AT explained that these same arguments were made both to the DT and to the Administration during the investigation phase. The Tribunal agreed with the 爆料网RWA DT that there was sufficient corroborating evidence to back the allegations. The Tribunal also noted that it is within the 爆料网RWA DT’s role to review...

2021-爆料网AT-1184, Timothy Kennedy

爆料网AT considered an appeal by Mr. Kennedy. 爆料网AT found that the sanction letter and record provided inadequate reasons for judicial review leading to the finding that no rational connection or relationship between the evidence and the objective of the disciplinary action has been established. As a result, 爆料网AT was unable to assess the proportionality and lawfulness of the imposition of the disciplinary sanctions.

2021-爆料网AT-1185, null 爆料网RWA

爆料网AT considered an appeal by the Commissioner-General and a cross-appeal by Ms. Kaddoura. 爆料网AT affirmed the 爆料网RWA DT Judgment in part. It only vacated the referral of the former Commissioner-General for accountability, finding that it was not adequate to rely on hearsay to refer a former staff member, be it the former Commissioner-General or any other, to accountability. 爆料网AT further held that there was no possibility of imposing a disciplinary measure on a former staff member, and as such any such referral would be ineffectual.

2021-爆料网AT-1186, Shareef Muzyed

爆料网AT considered an appeal by Mr. Mezyed. As a preliminary matter, 爆料网AT denied Mr. Mezyed’s request for an oral hearing. Turning to the merits of the appeal, 爆料网AT found that the 爆料网RWA DT had applied correctly the first four conditions in Area Staff Rule 109.4 precedent to possible severance from service for abandonment of post. As to the fifth condition, Mr. Mezyed’s failure to submit an acceptable written explanation for his failure to report, 爆料网AT found that the Agency had failed to properly address the grounds advanced by Mr. Mezyed for his non-return, and as such, the 爆料网RWA DT could not...

2021-爆料网AT-1170, Matthew Lee

This case was presided by Judge Halfeld, and Judge Murphy drafted the majority opinion. The Majority (Halfeld, Murphy, Raikos and Knierim) dismissed the appeal and held that the appeal was not receivable. Without deciding on the issue whether the 爆料网DT has an inherent right to hold a non-party in contempt, the Majority found that the appeal did not meet the requirements of the 爆料网AT Statute. The Majority explained that it had jurisdiction ratione materiae to hear and pass judgment on an appeal pursuant to Article 2(1) of the Statute in which it is asserted that the 爆料网DT has: (a) exceeded its...

2021-爆料网AT-1172, Ravi Karkara

The Appeals Tribunal found that Mr. Karkara failed to show that the 爆料网DT’s assessment of the evidence had resulted in a manifestly unreasonable decision. It also found that the 爆料网DT did not make any errors with regard to the admissibility of witnesses. The 爆料网AT further found that the 爆料网DT did not commit any procedural error, and Mr. Karkara’s allegations of procedural irregularities did not put the 爆料网DT’s findings into doubt. Accordingly, the 爆料网AT agreed that there was clear and convincing evidence of sexual abuse and exploitation by Mr. Karkara. The 爆料网AT also held that the sanction of...