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The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in concluding that the contested decision by the OAI to close the staff member¡¯s complaint was lawful. The ±¬ÁÏÍøAT found that the Administration acted reasonably in determining that the allegations lacked sufficient evidence to warrant an investigation and that the assessment process complied with ±¬ÁÏÍøDP¡¯s legal framework.

The ±¬ÁÏÍøAT further held that the ±¬ÁÏÍøDT correctly rejected the staff member¡¯s procedural arguments, including claims of bias and denial of witness testimony. The ±¬ÁÏÍøAT emphasized that the proposed witnesses could not have altered the established...

The Tribunal found that the sanction imposed was proportionate under all the relevant circumstances. Given the serious and protracted nature of the misconduct, and the Applicant¡¯s failure to correct his misconduct despite repeated input from others, it was clear that a non-disciplinary ¡°administrative action¡± would not have achieved the required result. Following its detailed examination of the evidence on file and, particularly, the testimonies heard at the hearing on the merits, the Tribunal found that the sanction of demotion and deferred promotion eligibility was suitable to the facts and...

A single testimony reporting discriminatory statements made by an individual is insufficient to establish whether such statements were made if the accused individual denies having made such statements. From the moment that a confrontational relationship exists between a senior staff member and his/her supervisor, the Judge, without its being necessary to determine who bears a responsibility of the conflict, considers that the interest of the service requires addressing without delay the conflict and justifies the non-renewal of the staff member¡¯s contract, unless, in the instant case, the...