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Mr. Bwalya appealed.

The ±¬ÁÏÍøAT found that Mr. Bwalya had not demonstrated that the ±¬ÁÏÍøDT erred in finding that it had been established by clear and convincing evidence that he had committed misconduct by instructing a ±¬ÁÏÍøDP staff member to forge a backdated Memorandum of Understanding between the Ethiopian Ministry of Agriculture and the private firm Digata and to make a misrepresentation in a second document, intentionally acting to avoid or deviate from ±¬ÁÏÍøDP¡¯s Financial Regulations, Rules and Procedures through the creation of these documents, and demonstrating favouritism in the award of a...

The ±¬ÁÏÍøAT considered an appeal by the participant in the Fund.

The ±¬ÁÏÍøAT found that the facts suggest that the participant¡¯s withdrawal settlement funds were paid into a bank account which had not been opened by him. At the same time, there were unanswered questions as to how the participant had bank statements and cancelled cheques from this account if he had not opened it. In addition, given the mismatch between the participant¡¯s name and the name of the holder of the bank account, there was no explanation as to why the wire transfer had been allowed to proceed and had not been rejected.

The...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT correctly exercised its broad discretion with regard to its case management in concluding that the record before it was sufficient to render a decision without an oral hearing. It concluded that the Appellant has not presented any grounds as to why an oral hearing would have been necessary and thus did not show that the ±¬ÁÏÍøRWA DT exercised its discretion in such manner as to affect the outcome of the case, as required by Article 2(1)(d) of the Appeals Tribunal Statute.

With regard to the Appellant¡¯s argument that the non-selection decision was unlawful because...

The ±¬ÁÏÍøAT denied the Appellant¡¯s request for an oral hearing. It held that, pursuant to Article 18 of the Appeals Tribunal Rules of Procedure, an oral hearing would not be of any assistance in this case as the issue for consideration was straightforward and not complex.

The ±¬ÁÏÍøAT found that the Appellant¡¯s attempt to broaden the scope of the issue for consideration was untenable. The ±¬ÁÏÍøAT concluded that it was clearly agreed at the case management discussion (CMD) that the issue for determination was the desired reclassification of Mr. Menon's post from the P-4 to the P-5 level and that the...

The ±¬ÁÏÍøAT denied the Appellant¡¯s request for an oral hearing. It found that it would add nothing to his case presented in writing to hear from him in person and that an oral hearing would not assist in the expeditious and fair disposition of the case.

The ±¬ÁÏÍøAT held that much of the submissions advanced by the Appellant did amount to a resubmission of the case put to the ±¬ÁÏÍøDT but which it did not accept.

The ±¬ÁÏÍøAT found that the WSSCC structure was closed down on 31 December 2020 at the instigation of its donors and replaced by another organisation (the Sanitation and Hygiene Fund). It...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT judgment was problematic because the ±¬ÁÏÍøDT's findings seemed to be based entirely on hearsay evidence, i.e., the findings in the OIOS investigation report. The ±¬ÁÏÍøAT observed that the ±¬ÁÏÍøDT judgment failed to explain the evidentiary basis of its conclusion that sexual harassment was highly probable, and made no explicit or precise findings in relation to the evidence given under oath at the hearing. The failure of the ±¬ÁÏÍøDT to make findings about the testimony it heard made the appeal well-nigh impossible. The ±¬ÁÏÍøAT noted that there was no transcript of the hearing, and...

Mr. Jibril appealed.

As regards the request for an oral hearing, the ±¬ÁÏÍøAT held that the factual and legal issues arising from this appeal had already been clearly defined by the parties and there was no need for further clarification. Moreover, an oral hearing would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the ±¬ÁÏÍøAT Rules of Procedure. Accordingly, the request for an oral hearing is denied.

The ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøRWA DT that the challenged administrative decision to place Mr. Jibril on Administrative Leave With Pay (ALWP) was lawful. ...

Mr. Hassan appealed the ±¬ÁÏÍøDT judgment.

The ±¬ÁÏÍøAT held that the Appellant failed to demonstrate that the ±¬ÁÏÍøDT erred in finding that his application was not receivable ratione personae. ±¬ÁÏÍøAT concluded that at the time of the contested non-selection decision, the Appellant had been separated from service for more than a year and was no longer a staff member. He was an external candidate with no standing to challenge the decision not to select him for the new position of Resettlement Associate, as the decision was not affecting his former terms of appointment. Moreover, there was no offer of...

The ±¬ÁÏÍøAT first addressed the staff member¡¯s request for an oral hearing. The staff member wished to present medical evidence to the Tribunal to prove his medical incapacitation. The ±¬ÁÏÍøAT rejected this argument, noting that the appeal was a review of the ±¬ÁÏÍøDT judgment based on the evidence presented to the ±¬ÁÏÍøDT, and the staff member had not applied to present new evidence. The ±¬ÁÏÍøAT also rejected the arguments that the staff member could use the oral hearing to explain various policies or to advance an amicable resolution with the Administration. The request for the oral hearing was denied. ...

The ±¬ÁÏÍøAT concluded that as a long-serving member of the Secretariat, Mr. Guenfoudi was aware of the required standards of performance for his function as a Verbatim Translator. The ±¬ÁÏÍøAT also held that he had been given a fair opportunity to address his performance shortcomings, but he refused to participate in the two performance improvement plans. The ±¬ÁÏÍøAT found that the Organization¡¯s legal framework was clear that termination was a foreseeable action following two consecutive years of substandard performance ratings. The ±¬ÁÏÍøAT also found that Mr. Guenfoudi¡¯s allegations that his...