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Whether the facts on which the disciplinary measure was based have been established With respect to Count One, the Tribunal finds that there is clear and convincing evidence that the Applicant did not disclose his spouse¡¯s and his father in law¡¯s involvement with two ±¬ÁÏÍøICEF implementing partners, of which the Applicant was the responsible Programme Manager on behalf of ±¬ÁÏÍøICEF. In his application, the Applicant does not dispute this fact either. Turning to Count Two, the Tribunal is convinced that the Applicant received a spouse dependency allowance to which he was not entitled. Moreover, the...

The Applicant was not notified of any indebtedness to the Organization or called upon to settle it, as required by ST/AI/155/Rev.2. The initial withholding did not have the required authorization in the USG/Management¡¯s decision; rather, it was applied in an arbitrary and obscure fashion, with the Applicant learning of it only by the fact that the pension was not forthcoming. It was apparent that, starting with the irregularity of not informing the Applicant of the withholding decision for two months following his separation, the Administration had not seriously undertaken to establish either...

±¬ÁÏÍøAT held that there were no errors in the decision of the ±¬ÁÏÍøRWA DT that the Appellant¡¯s application was irreceivable. ±¬ÁÏÍøAT held the Appellant was notified of the decision not to shortlist him by e-mail of 14 November 2019. ±¬ÁÏÍøAT held that the Appellant¡¯s allegations regarding the abolishment of his post had no legal relevance for the appeal, which dealt only with issues of receivability. ±¬ÁÏÍøAT dismissed the appeal and affirmed the ±¬ÁÏÍøRWA DT Judgment.

±¬ÁÏÍøAT considered an appeal by Ms. Modey-Ebi. ±¬ÁÏÍøAT noted that the issues in the appeal were entirely factual, most of which were resolved on the evidentiary record which in most respects established a pattern of misconduct justifying dismissal. ±¬ÁÏÍøAT noted that while some of the proven allegations against Ms. Modey-Ebi were less serious than others, cumulatively they revealed a pattern of unethical conduct indicating that Ms. Modey-Ebi was not suited for the senior position she held. Her behaviour revealed a lack of propriety and integrity and her behaviour was inconsistent with her duties under...

±¬ÁÏÍøAT considered an appeal by the Secretary-General of the United Nations. ±¬ÁÏÍøAT held that Mr. Khamis¡¯ proven conduct did not itself amount to misconduct: he did not engage in transactional sexual relations with local persons and his sexual relations with two local women were more in the nature of domestic, albeit polygamous and ¡®open¡¯, relationships. ±¬ÁÏÍøAT held that it was not established that payments made to both women were commercial transactions in return for sexual favours. ±¬ÁÏÍøAT held that there was not such an imbalance of power between Mr. Khamis and the two women that they could be termed...

±¬ÁÏÍøAT made several findings on the appeal. First, ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT did not err when it did not hold a case management or substantive hearing on the issues. ±¬ÁÏÍøAT agreed that the first instance Judge is in the best position to decide what is appropriate for the fair and expeditious disposal of a case and to do justice to the parties. Second, ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT that the administrative action was not a disguised disciplinary sanction. ±¬ÁÏÍøAT also found that the USG had the authority to transfer the appellant to a different unit to address a political situation. However, ±¬ÁÏÍøAT disagreed with...

±¬ÁÏÍøAT held that the Appellant did not fall within the exceptional category of participants who exercised their election for a deferred retirement benefit before 1 April 1997 and were therefore entitled to restore their prior contributory service, as the Appellant exercised her election in September 2009. ±¬ÁÏÍøAT held that the Appellant was not entitled to restore her prior contributory service. ±¬ÁÏÍøAT held that the Appellant¡¯s complaint that she did not have access to the ±¬ÁÏÍøJSPF Regulations was unconvincing, given, inter alia, the availability of the ±¬ÁÏÍøJSPF Regulations and Rules on the website. ±¬ÁÏÍøAT...

±¬ÁÏÍøAT considered an appeal by the Secretary-General. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in fact and in law in its finding that the facts of misconduct were not established by clear and convincing evidence. ±¬ÁÏÍøAT held that a number of the factual findings made by ±¬ÁÏÍøDT were not supported by the evidence and were unreasonable. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT 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 ±¬ÁÏÍøDT exceeded its competence. ±¬ÁÏÍøAT held...

±¬ÁÏÍøAT 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 ±¬ÁÏÍøDT erred in concluding otherwise. ±¬ÁÏÍøAT held that his conduct was in violation of Staff Regulation 1.2(f) and the MINUSMA Code of Conduct. ±¬ÁÏÍøAT 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 ±¬ÁÏÍøDT erred in finding that the charge of...

±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøRWA 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, ±¬ÁÏÍøAT explained that these same arguments were made both to the DT and to the Administration during the investigation phase. The Tribunal agreed with the ±¬ÁÏÍøRWA DT that there was sufficient corroborating evidence to back the allegations. The Tribunal also noted that it is within the ±¬ÁÏÍøRWA DT¡¯s role to review...