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The ±¬ÁÏÍøAT held that the only issue on appeal was whether the ±¬ÁÏÍøDT erred in finding the additional disciplinary sanction disproportionate and rescinding it. It emphasized that under Staff Rule 10.3(b), sanctions must be proportionate, but the Administration enjoys broad discretion in disciplinary matters, subject to judicial review for lawfulness, rationality, and proportionality.

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT exceeded its authority by substituting its own opinion for that of the Secretary-General. It noted that the Administration had considered all relevant factors, including the seriousness of...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had not erred in finding that it had been proven by clear and convincing evidence that the staff member had engaged in harassment and abuse of authority, used her office for personal reasons to prejudice the position of a colleague, disclosed sensitive information, failed to report the possible misconduct of others, used a personal e-mail address contrary to the applicable provisions, and exchanged inappropriate messages about colleagues.

The ±¬ÁÏÍøAT found that regardless of whether she had been a whistleblower engaged in a protected activity, there was no evidence that...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in finding that the Administration had not proven by clear and convincing evidence that Mr. Ammar made the Facebook post because the Inspector General¡¯s Office (IGO) inappropriately discounted the possibility that Mr. Ammar¡¯s Facebook account had been hacked. The ±¬ÁÏÍøAT found that the Administration met its burden of establishing that it was highly probable that Mr. Ammar posted the Comment and thus publicly expressed support for an honour killing. The Administration produced uncontradicted evidence that the comment came from Mr. Ammar¡¯s Facebook account and he...

The ±¬ÁÏÍøAT affirmed the ±¬ÁÏÍøDT¡¯s decision to dismiss the former staff member¡¯s request for anonymity, as he had ignored the deadline set by the ±¬ÁÏÍøDT in an Order.

The ±¬ÁÏÍøAT found that the former staff member committed sexual exploitation by engaging in a romantic and sexual relationship with a vulnerable refugee, who put herself in danger in engaging in a premarital relationship with him. He abused his position of trust by promising to marry her to persuade her to have sexual relations with him. When she pushed him about his promises, he threatened her with an investigation that could result in the...

Each of the three allegations were serious on their own. The compound nature of the allegations left no possibility for any other punishment than separation. The Organization¡¯s zero-tolerance policy also entails severe punishments for those who engage in harassment (see, for instance, the Appeals Tribunal in Conteh 2021-±¬ÁÏÍøAT-1171, para. 41).

The record indicated that the decision-maker weighed all factors, both mitigating and aggravating, before arriving at the contested decision. Since there was sufficient evidence that all factors were given due consideration, but that the aggravating...

The ±¬ÁÏÍøAT noted that the ±¬ÁÏÍøDT had not erred when it established that the staff member had improperly used his employer-issued laptop to access sexually-explicit websites and engaged in multiple instances of unauthorized outside activities. The ±¬ÁÏÍøAT held that he had not obtained approval to continue being the majority shareholder and director of a company.

The ±¬ÁÏÍøAT was of the view that the ±¬ÁÏÍøDT had not erred when it found that the staff member¡¯s activity constituted misconduct. The ±¬ÁÏÍøAT found that his contributions to the overall running of the business were material. The ±¬ÁÏÍøAT agreed with the...

The ±¬ÁÏÍøAT considered an appeal by the staff member.

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had reviewed the disciplinary decision thoroughly and methodically; the ±¬ÁÏÍøDT had not erred in fact or law in conducting the proportionality analysis and there had been no irregularity in the investigation and disciplinary process, warranting intervention.

The ±¬ÁÏÍøAT agreed that the obligation not to disclose internal information is not limited to confidential information. The ±¬ÁÏÍøAT found that even if the staff member had liaison functions with member states, it did not give her the right to communicate internal...

Ms. Specker appealed. The ±¬ÁÏÍøAT held that the essential question is whether the sanction imposed was proportionate. The principle of proportionality requires that a disciplinary measure imposed on a staff member shall be proportionate to the nature and gravity of his or her misconduct. The ±¬ÁÏÍøAT noted that Ms. Specker¡¯s main argument was that the sanction imposed upon her displayed an element of historical inconsistency in that lesser sanctions for similar misconduct had been imposed in other cases. The implication of her submission is that the failure to impose separation for this kind of...

On appeal, the Appellant asserted that the Commissioner-General erred in not following the JAB¡¯s recommendation. ±¬ÁÏÍøAT held that the JAB did not assess the totality of the evidence when making its recommendation. ±¬ÁÏÍøAT specifically held that the JAB¡¯s recommendation that no clear policy or instruction prevented the Appellant from giving the individual the authorization to use the DSA Facility did not take into account that there was a clear policy to inform his supervisors, which the Appellant failed to do. ±¬ÁÏÍøAT accordingly dismissed the appeal.

±¬ÁÏÍøAT considered an appeal by the Secretary-General. Regarding the evidence on which the disciplinary measure was based, ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT had failed to appreciate the fact that the women who had been sexually exploited or abused came from a highly sensitive cultural background and were socially vulnerable. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT failed to consider the fact that the staff member, as Officer-in-Charge of Security of MINURSO, had a particular duty of care towards women and children, pursuant to Section 7 of ST/SGB/1999/13. ±¬ÁÏÍøAT held that the established facts amounted to sexual exploitation. ±¬ÁÏÍøAT...