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±¬ÁÏÍøAT considered an appeal by Mr. Kennedy. ±¬ÁÏÍøAT found that the sanction letter and record provided inadequate reasons for judicial review leading to the finding that no rational connection or relationship between the evidence and the objective of the disciplinary action has been established. As a result, ±¬ÁÏÍøAT was unable to assess the proportionality and lawfulness of the imposition of the disciplinary sanctions.

±¬ÁÏÍøAT considered an appeal by the Commissioner-General and a cross-appeal by Ms. Kaddoura. ±¬ÁÏÍøAT affirmed the ±¬ÁÏÍøRWA DT Judgment in part. It only vacated the referral of the former Commissioner-General for accountability, finding that it was not adequate to rely on hearsay to refer a former staff member, be it the former Commissioner-General or any other, to accountability. ±¬ÁÏÍøAT further held that there was no possibility of imposing a disciplinary measure on a former staff member, and as such any such referral would be ineffectual.

±¬ÁÏÍøAT considered an appeal by Mr. Mezyed. As a preliminary matter, ±¬ÁÏÍøAT denied Mr. Mezyed¡¯s request for an oral hearing. Turning to the merits of the appeal, ±¬ÁÏÍøAT found that the ±¬ÁÏÍøRWA DT had applied correctly the first four conditions in Area Staff Rule 109.4 precedent to possible severance from service for abandonment of post. As to the fifth condition, Mr. Mezyed¡¯s failure to submit an acceptable written explanation for his failure to report, ±¬ÁÏÍøAT found that the Agency had failed to properly address the grounds advanced by Mr. Mezyed for his non-return, and as such, the ±¬ÁÏÍøRWA DT could not...

±¬ÁÏÍøAT considered an appeal by Mr. Ramsaroop, an appeal by the Secrteary-General and a cross-appeal by Miksch et al. While ±¬ÁÏÍøAT found that it was reasonable for the ±¬ÁÏÍøDT to hold that Miksch et al had a significant chance of selection for the posts, it held that the ±¬ÁÏÍøDT erred by assessing the lost opportunity for Mr. Miyashiro, Mr. Miksch, Mr. Ramsaroop and Mr. Mazioui as enduring until their retirement from the Organization, and compensating accordingly with a cap of two years¡¯ net base salary. ±¬ÁÏÍøAT noted that these applicants had a further opportunity for promotion in the second selection...

This case was presided by Judge Halfeld, and Judge Murphy drafted the majority opinion. The Majority (Halfeld, Murphy, Raikos and Knierim) dismissed the appeal and held that the appeal was not receivable. Without deciding on the issue whether the ±¬ÁÏÍøDT has an inherent right to hold a non-party in contempt, the Majority found that the appeal did not meet the requirements of the ±¬ÁÏÍøAT Statute. The Majority explained that it had jurisdiction ratione materiae to hear and pass judgment on an appeal pursuant to Article 2(1) of the Statute in which it is asserted that the ±¬ÁÏÍøDT has: (a) exceeded its...

±¬ÁÏÍøAT granted the appeal by the Secretary-General and vacated the ±¬ÁÏÍøDT Judgment.

The Appeals Tribunal found that Mr. Karkara failed to show that the ±¬ÁÏÍøDT¡¯s assessment of the evidence had resulted in a manifestly unreasonable decision. It also found that the ±¬ÁÏÍøDT did not make any errors with regard to the admissibility of witnesses. The ±¬ÁÏÍøAT further found that the ±¬ÁÏÍøDT did not commit any procedural error, and Mr. Karkara¡¯s allegations of procedural irregularities did not put the ±¬ÁÏÍøDT¡¯s findings into doubt. Accordingly, the ±¬ÁÏÍøAT agreed that there was clear and convincing evidence of sexual abuse and exploitation by Mr. Karkara. The ±¬ÁÏÍøAT also held that the sanction of...

±¬ÁÏÍøAT considered an appeal by Ms. Patkar. ±¬ÁÏÍøAT dismissed the Appellant's argument that the ±¬ÁÏÍøDT erred in fact, law or failed to exercise its jurisdiction in concluding that the Appellant had not been granted sick leave that was then terminated or retracted. The MSD email to the Appellant concerned an evaluation of her fitness to work based on the medical report she had submitted and there was no evidence that the ±¬ÁÏÍøOPS Administration had approved such leave. ±¬ÁÏÍøAT further held that that the Appellant¡¯s entitlement to sick leave did not outlive the expiration of the fixed-term appointment as...

±¬ÁÏÍøAT held that the Appellant did not demonstrate any errors in the ±¬ÁÏÍøDT¡¯s finding that her application was filed one day late and was out of time. ±¬ÁÏÍøAT held that it is the receipt of the management evaluation response which triggers the time limit for filing an application to the ±¬ÁÏÍøDT, and not the moment when the staff member or her legal representative could reasonably be assumed to have taken notice of the response. In concurrence with the ±¬ÁÏÍøDT Judgment, ±¬ÁÏÍøAT held that the Appellant had not presented any exceptional circumstances to justify waiving the time limits and that any such...

As a preliminary matter, ±¬ÁÏÍøAT denied the Appellant¡¯s request for an oral hearing. ±¬ÁÏÍøAT held that the Appellant failed to discharge his burden of showing that the ±¬ÁÏÍøDT Judgment was defective or identifying grounds for appeal. In addition, ±¬ÁÏÍøAT held there was no basis for vacating the ±¬ÁÏÍøDT Judgment. ±¬ÁÏÍøAT held that the Appellant did not specifically contest the ±¬ÁÏÍøDT¡¯s findings on receivability and that receivability was not therefore an issue before it. ±¬ÁÏÍøAT held that even if receivability was an issue before it, there was nothing provided by the Appellant to suggest that ±¬ÁÏÍøDT erred in its...