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The Tribunal found a number of the Applicant's claims to not be receievable. The Tribunal found that the primary reason for the refusal of the Applicant's request to extend her time telecommuting was that the Applicant¡¯s role as a child protection officer needed presence on the ground and that telecommuting was not appropriate for the functions of her role. The Applicant did not have a medical exemption to telecommute. The record showed that the reason was true and that the Applicant was afforded the same discretion as other members of her team. The Tribunal therefore found no indication of...

The investigation successfully established that the Applicant engaged in workplace harassment in seven different occasions against the three complainants. By committing workplace harassment, the Applicant breached the highest standards of integrity and engaged in behaviour unbecoming of an international civil servant. As such, her conduct constitutes serious misconduct. However, the disciplinary measure of separation from service imposed on the Applicant was found to be too harsh of a penalty lin light of the Administration¡¯s past disciplinary measures on other cases of comparable conduct, as...

±¬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...

Regarding the Applicant¡¯s complaint of not being designated as OiC in absence of CSA, the Tribunal noted that the Applicant had received such a decision in October 2018. The Applicant had not requested management evaluation in a timely manner pursuant to art. 8.1(c) of the ±¬ÁÏÍøDT Statute. The Tribunal thus concluded that this decision, no matter how problematic it was, it fell outside the Tribunal¡¯s jurisdiction ratione materiae. On the Applicant¡¯s other complaint that he had been stripped of his functions and had been removed from several projects, the Tribunal considered the tasks performed by...

The burden of proving the provenance and authenticity of the footage is on the Respondent. The Tribunal found that the challenge as to the evidentiary value of the video can properly be dismissed, given the type of document (a video file), its content (a continuous show of people interacting with no discrepancies) and the comments on it by the Applicant (as mentioned). The Tribunal found that a forensic examination of the files was not necessary and that the anonymity of the sources did not undermine its clear and objective content. In this case, the Applicant was not simply careless to have...

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...

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...

±¬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...

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...