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The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT acted correctly by conducting a judicial review of the case.

It found that the ±¬ÁÏÍøDT properly assessed the credibility of the witnesses who testified before it and correctly relied on the credible testimony of Ms. V, who had no motive to lie, to conclude that it had been established by clear and convincing evidence that the former staff member had sexually harassed her by making comments of a sexual nature in May and December 2020.While Ms. V¡¯s testimony alone would have been sufficient in this context, the ±¬ÁÏÍøAT noted that it was corroborated by colleagues who were...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in finding that the disciplinary measure imposed was lawful.

The ±¬ÁÏÍøAT rejected the former staff member¡¯s argument that the decision of Doctors Without Borders (DWB) prohibiting him from collaborating with the association in the future, could not be characterized as a disciplinary measure, since it was communicated to him after he was no longer employed by the association. The ±¬ÁÏÍøAT held that this argument was not admissible, as it had already been presented before the ±¬ÁÏÍøDT.

In any event, the ±¬ÁÏÍøAT determined that the decision from DWB constituted a...

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT made several errors of law and of fact leading to a manifestly unreasonable outcome.

In particular, the ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT erred in refusing to hold a hearing of evidence that Mr. Nkoyock sought to call to establish his defence to the allegations against him and to impeach the Secretary-General¡¯s witnesses. The ±¬ÁÏÍøDT further erred when it failed to reach its own conclusions on disputed facts and relied overly on the internal investigation¡¯s findings. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT also erred in relying on evidence that it had ruled irrelevant and inadmissible...

The ±¬ÁÏÍøAT held that the Appellant¡¯s travel was not authorized pursuant to Staff Rule 7.10 because she had just one approved day of annual leave on 24 June 2021 followed by a period of R&R from the 12 July to 16 July 2021. The ±¬ÁÏÍøAT also found that the Administration took the appropriate action by sending her on 25 July 2021 an e-mail reminding her that all the international staff members had to submit their Sudanese visa renewal application in a timely manner. The ±¬ÁÏÍøAT held that the events that delayed the Appellant¡¯s return to her duty station could not be construed as force majeure as they...

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...

±¬ÁÏÍøAT denied the Appellant¡¯s request for an oral hearing and held that it would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the ±¬ÁÏÍøAT Rules of Procedure. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in striking the evidence filed with the Appellant¡¯s closing submissions or in refusing to hear the Appellant¡¯s supervisors as witnesses. ±¬ÁÏÍøAT held that there was clear and convincing evidence that the Appellant used the ±¬ÁÏÍøHCR VAT exemption card and credit card for his personal use and that the disciplinary measure was proportionate to the nature and gravity of...

Mr. Krioutchkov appealed. ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT correctly held that the timing of the written test was justifiable in that holding the test at a set hour worldwide was a rational way of avoiding leaks of the test materials. The inconvenience to the Administration of accommodating different test schedules outweighed the inconvenience of Mr. Krioutchkov being required to adjust his schedule. The scheduling decision was accordingly reasonable. Moreover, having refused to participate in the written examination, Mr. Krioutchkov was estopped from challenging the non-selection decision. ±¬ÁÏÍøAT found...

In her appeal, the Appellant contended that the Organisation owed her a duty of care as a result of the actions of its representatives. ±¬ÁÏÍøAT noted that the Appellant did not produce any evidence that the invoked injury was the result of negligence or fraud caused by a specific act or omission of the ±¬ÁÏÍø or one of its representatives, or of the fact that the Organisation was aware of the fraud prior to the Appellant¡¯s allegations. ±¬ÁÏÍøAT held that the Appellant¡¯s claim for damages could not be entertained as there was no nexus between the fraud and the ±¬ÁÏÍø, nor was the Organisation aware of the...

±¬ÁÏÍøAT held that the Appellant had failed to show that ±¬ÁÏÍøDT exceeded its discretion in matters of case management. ±¬ÁÏÍøAT noted that it was indisputable that the Appellant had made a request to ±¬ÁÏÍøDT for his witness to be called. ±¬ÁÏÍøAT found that there was no mention of any witness in the ±¬ÁÏÍøDT judgment and that it was not clear that ±¬ÁÏÍøDT had considered that evidence. ±¬ÁÏÍøAT held that the Appellant should have been given the opportunity to call his witness or given an explanation by ±¬ÁÏÍøDT for not calling the witness. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT had committed an error of procedure, such as to affect the decision...

±¬ÁÏÍøAT rejected the request for an oral hearing finding that the factual and legal issues arising from the appeal had already been clearly defined by the parties and there was no need for further clarification. ±¬ÁÏÍøAT rejected the motion to file additional pleadings and evidence since the Appellant had failed to demonstrate the existence of any exceptional circumstances that justified the need to file additional pleadings or to submit additional evidence. ±¬ÁÏÍøAT held that the motion only presented factual and legal contentions that reiterated arguments made in the appeal brief. ±¬ÁÏÍøAT further held...