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The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT correctly applied the judicial review tests under Article 2(1)(b) of its Statute. It found that the facts of misconduct were established by clear and convincing evidence, including direct testimony from refugees, corroborating documentary evidence, and hearsay, and that the former staff member had solicited bribes from refugees on multiple occasions between 2010 and 2019 in exchange for assistance with resettlement and other ±¬ÁÏÍøHCR services. It held that the established facts legally amounted to serious misconduct and that the sanction of dismissal was proportionate...

The ±¬ÁÏÍøAT determined that it had been demonstrated by clear and convincing evidence that the former staff member committed serious misconduct by: i) failing to return to the United Nations Federal Credit Union (±¬ÁÏÍøFCU) funds of USD 587,428.65 that were erroneously credited to her account and to which she was not entitled; ii) failing to comply with a judgment issued by the High Court of Zambia (High Court Judgment), which ordered her to return the aforementioned funds to ±¬ÁÏÍøFCU; and iii) submitting false documentation and/or misrepresenting facts during the investigation conducted by the Office...

The ±¬ÁÏÍøAT determined that the decision to maintain the staff member¡¯s performance rating ¡°C ¨C Partially meets expectations¡± constituted a reviewable administrative decision that had direct legal effect on his employment. It observed that under the applicable legal framework, a rating of ¡°Partially meets expectations¡± justifies a determination that a salary increment is not warranted, and that the increment shall be withheld pending the outcome of a PIP. The ±¬ÁÏÍøAT considered these consequences to be disadvantageous effects resulting directly from the rating.

The ±¬ÁÏÍøAT also concluded that the...

The ±¬ÁÏÍøAT held that the former staff member¡¯s challenge to the ALWP decision and the New York position decision was not receivable, as she had not sought management evaluation of those decisions.

Regarding the disciplinary measure, the ±¬ÁÏÍøAT determined that her statements and social media posts constituted unauthorized outside activities amounting to misconduct. It noted that she issued statements, posted articles, and gave interviews without prior authorization, despite repeated warnings. It held that her social media engagements referenced international humanitarian assistance, humanitarian...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in finding that the former staff member¡¯s performance had not been fairly and objectively evaluated. It found that she knew that her telecommuting arrangement was temporary and nevertheless reported to her duty station in Fiji only months later. It emphasized that her delay in requesting the payment of a travel lump sum and in applying for a visa for her mother did not excuse her failure to report timeously. The ±¬ÁÏÍøAT confirmed that, in assessing her performance, the Administration was entitled to consider the extent of, reasons, and consequences of her...

The ±¬ÁÏÍøAT found that Mr. Slayyeh did not file a proper appeal of the impugned Judgment but rather was bringing a new claim for compensation that had not been submitted to the Dispute Tribunal. The ±¬ÁÏÍøAT held that he could not introduce on appeal an issue not previously presented to the first instance tribunal as it is a violation of the due process rights of the other party and does not comply with the two-tier system of administration of justice.

The ±¬ÁÏÍøAT found that the remedies available under Article 10(5) of the ±¬ÁÏÍøRWA DT Statute allow the ±¬ÁÏÍøRWA DT to rescind the contested decision or order...

The ±¬ÁÏÍøAT held that none of the reasons provided by Mr. Hejab, considered individually or collectively, were convincing enough to consider his case exceptional, so as to warrant the award of higher compensation than set by Article 10(5) of the ±¬ÁÏÍøRWA DT Statute.

The ±¬ÁÏÍøAT held that it is not unusual for an older staff member, particularly one who is close to retirement, to have difficulty in finding another job. Likewise, although there are difficult economic conditions where he lives, this is also not the type of factor that warrants compensation in excess of the statutory norm.

The ±¬ÁÏÍøAT held...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in concluding that the former staff member¡¯s application was not receivable ratione materiae because he did not attempt to resolve the dispute through the office of the United Nations Funds and Programmes Ombudsman, as explicitly required by the Settlement Agreement to which he had expressly agreed. The ±¬ÁÏÍøAT found that the terms of the Settlement Agreement remained binding and enforceable on the parties, and that the ±¬ÁÏÍøDT committed no error in holding the parties to its terms.

The ±¬ÁÏÍøAT further found that the ±¬ÁÏÍøDT did not err in determining that the...

The ±¬ÁÏÍøAT found that ±¬ÁÏÍøICEF had conducted the selection process in a manner fully consistent with its administrative legal framework, including having provided detailed reasons for considering the staff member unsuitable for the post. The ±¬ÁÏÍøAT held that his candidature had received full and fair consideration, and he had not shown through clear and convincing evidence that he had been denied a fair chance of selection. The ±¬ÁÏÍøAT noted that there was no evidence of bias or ill-motive against him.

The ±¬ÁÏÍøAT was of the view that ±¬ÁÏÍøICEF¡¯s failure to notify the staff member of the non-selection...

The ±¬ÁÏÍøAT held that the Fund reasonably chose a 30-year timeframe for its statistical analysis to determine whether there were ¡°aberrant results¡± in terms of pensions received by beneficiaries who had chosen Slovakia as their country of residence. Similarly, the ±¬ÁÏÍøAT held that the conclusions drawn by the Fund from the analysis were properly reached, highlighting that the graph showed a wide disparity between resident beneficiaries who separated from 1993 to 2007 and those who separated afterwards, a disparity solely due to differences in separation dates.

The ±¬ÁÏÍøAT found that the suspension...