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The Secretary-General appealed the ±¬ÁÏÍøDT Judgment.

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT failed to address OAI¡¯s investigation report, the acceptance of which led to Ms. Lekoetje¡¯s severance from service. The investigation report was an important evidential element which should have been, but was not, examined and analyzed by the Dispute Tribunal. The ±¬ÁÏÍøDT was wrong to have dismissed the allegations of misconduct against Ms. Lekoetje without considering the investigation report¡¯s evidence of them.

Because of the intertwined natures of the two relationships between ±¬ÁÏÍøDP and Ms. Lekoetje (landlord...

AAF appealed.

The ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT that the Secretary-General had not committed any procedural errors which would have render the contested decision unlawful.

The ±¬ÁÏÍøAT held that the shortcomings under Section 2.2 of ST/SGB/2019/3 could only be regarded as substantial procedural irregularities (rendering the refusal to implement flexible working arrangements unlawful) if the lack of providing such reasoning had impacted the staff member¡¯s due process rights, namely his or her possibility of challenging the administrative decision before the ±¬ÁÏÍøDT. As the Secretary-General had...

±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT that the first two claims should be dismissed. The Appellant did not provide sufficient evidence showing that her candidacy was not given full and fair consideration. Regarding the generalized complaint of harassment, ±¬ÁÏÍøAT agreed that the application on this question was not receivable.

However, in regards to the finding that the Administration abused its authority in mishandling the Appellant¡¯s sexual harassment complaint, ±¬ÁÏÍøAT held that there was an error in procedure. The Appellant made a motion to admit additional evidence, and the ±¬ÁÏÍøDT made no ruling on this...

±¬ÁÏÍøAT considered an appeal by Ms. Banaj against Judgment No. ±¬ÁÏÍøDT/2021/030.

±¬ÁÏÍøAT held that a reallocation of duties pending the outcome of an investigation as occurred in Ms. Banaj¡¯s case is permissible as an interim measure in such circumstances, but not as the exercise of the general power of assignments available to the Secretary-General in Staff Regulation 1.2(c) [¡­] But, under Staff Rule 10.4 and the Framework relating to interim measures pending an investigation and disciplinary process, there is an alternative measure of reallocation of duties available in such cases where the...

The crucial question on appeal was whether the ±¬ÁÏÍøDT committed any error when it only referred for accountability the Chief of Investigations of OIAI but not the ED and other staff members of ±¬ÁÏÍøICEF. The ±¬ÁÏÍøAT held that there was no error in the ±¬ÁÏÍøDT judgment, because it was within the Dispute Tribunal¡¯s discretion to reject the applicant¡¯s request for referral. The ±¬ÁÏÍøDT¡¯s legal approach was correct. The ±¬ÁÏÍøDT decided not to refer the ED of ±¬ÁÏÍøICEF for accountability because it was not shown that she had had any influence in the handling of applicant¡¯s complaint. Ms. Dettori also did not show on...

±¬ÁÏÍøAT considered an appeal by Mr. Al Othman against ±¬ÁÏÍøRWA Judgment No. ±¬ÁÏÍøRWA/DT/2020/073. It also considered a cross-appeal by the Commissioner-General of ±¬ÁÏÍøRWA, to the extent that the Judgment awarded Mr. Al Othman compensation.

±¬ÁÏÍøAT held that there was clear and convincing evidence established that Mr. Al Othman committed the alleged offences. The ±¬ÁÏÍøRWA DT conclusions were accurate, based on evidence on record and common knowledge and ±¬ÁÏÍøAT found no reason to differ from them. ±¬ÁÏÍøAT shared the ±¬ÁÏÍøRWA DT¡¯s view that the only reasonable conclusion available to the trial Judge, resulting from the...

The ±¬ÁÏÍøAT concluded that the ±¬ÁÏÍøDT erred in considering that the different periods of ALWOP on which Mr. Okwakol was placed, were the subject of a single and continuing administrative decision. The ±¬ÁÏÍøAT held that each of the three identifiable periods was the subject of consideration or reconsideration of the circumstances at that time. On each occasion, the Organisation took a decision about the state of the misconduct investigation and its ongoing nature and advised Mr. Okwakol accordingly. It was not decisive or even material that the renewals of the ALWOP were referred to as extensions of...

The ±¬ÁÏÍøAT decided that mistakes in the way the summary dismissal decision was communicated to the appellant did not affect the fact that the real decision had ultimately been taken by the competent person in the Commissioner-General and not by any delegated authority.

It was undisputed that Mr. Mohammad was not afforded the opportunity to comment on the additional evidence produced against him after the re-opening of the investigation (two interviews of student B¡¯s mother and student B). However, neither in his appeal nor in his initial application to the ±¬ÁÏÍøRWA DT did he point out any...

Ms. Larriera sought revision of the ±¬ÁÏÍøAT judgment on the grounds that new decisive facts had emerged from the French government regarding her relationship with the deceased participant of the ±¬ÁÏÍøJSPF, Mr. M. Specifically, she maintains that the French government has endorsed the findings of a Brazilian court that she was in a ¡°stable union¡± with Mr. M., and that this has also been annotated on the death certificate of Mr. M.

±¬ÁÏÍøAT observed that Ms. Larriera¡¯s application for revision was untimely. In addition, ±¬ÁÏÍøAT concluded that these allegedly decisive facts occurred in 2021, well after the...

±¬ÁÏÍøAT considered an appeal by Mr. Webster. ±¬ÁÏÍøAT held that although the current legal framework (ISA Staff Rule 11.2), mentions the establishment of a neutral first instance process with staff participation to take a decision upon any appeal by staff members against an administrative decision alleging the non-observance of their terms of appointment, including all pertinent regulations and rules, there is, to this date, no such neutral first instance process. According to the Staff Rules, the JAB Panel shall submit a report to the Secretary-General, who takes the final decision.

While it is...