±¬ÁÏÍø

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

The Secretary-General appealed the ±¬ÁÏÍøDT Judgment.

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT failed to address OAI¡¯s investigation report, the acceptance of which led to Ms. Lekoetje¡¯s severance from service. The investigation report was an important evidential element which should have been, but was not, examined and analyzed by the Dispute Tribunal. The ±¬ÁÏÍøDT was wrong to have dismissed the allegations of misconduct against Ms. Lekoetje without considering the investigation report¡¯s evidence of them.

Because of the intertwined natures of the two relationships between ±¬ÁÏÍøDP and Ms. Lekoetje (landlord...

AAF appealed.

The ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT that the Secretary-General had not committed any procedural errors which would have render the contested decision unlawful.

The ±¬ÁÏÍøAT held that the shortcomings under Section 2.2 of ST/SGB/2019/3 could only be regarded as substantial procedural irregularities (rendering the refusal to implement flexible working arrangements unlawful) if the lack of providing such reasoning had impacted the staff member¡¯s due process rights, namely his or her possibility of challenging the administrative decision before the ±¬ÁÏÍøDT. As the Secretary-General had...

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. ...

The ±¬ÁÏÍøAT dismissed the Secretary-General¡¯s appeal and granted Mr. Rolli¡¯s cross-appeal in part. The ±¬ÁÏÍøAT found that the rescission of the termination decision ordered by the ±¬ÁÏÍøDT was ¡°pointless¡± since by the time the case had reached the ±¬ÁÏÍøDT, Mr. Rolli¡¯s post had been abolished. The ±¬ÁÏÍøAT accordingly held that in these circumstances, compensation had to fall under Article 10(5)(b) and be for harm caused by the unlawful decision. The harms he suffered included the loss of his remuneration and benefits (education and pension entitlements), the specific losses resulting of his ceasing to be...

Scope of judicial review In a remanded case, such as the instant one, the Applicant may not expand the scope of claims for remedies contained in her original application and, as such, the Tribunal will not consider her new claims or arguments unless they are essentially related to her original claim in the application. Whether and to what extent the Applicant is entitled to remedies The Appeals Tribunal found in Banaj 2022-±¬ÁÏÍøAT-1202 (see para. 1) that the temporary removal from the Applicant, and reassignment to others, of certain of her functions as Head of ±¬ÁÏÍøODC in Albania, was an unlawful...

The logical consequence of rescinding the contested administrative decision would be to remand the case to DHMOSH for a new consideration in light of the Tribunal¡¯s findings in the present case. As the basic legal premise for the contested administrative decision was flawed, the Tribunal find that this would be the most appropriate remedy in the present case (in line herewith, see the Appeals Tribunal in Gueben et al. 2016-±¬ÁÏÍøAT-692, para. 48). In this regard, the Tribunal notes that it has no jurisdiction as to directing the work of a potential medical board or the ABCC. The Tribunal finds...

A false allegation of sexual harassment against the Applicant and the sensitive information regarding V01¡¯s medical history in the present case constitute exceptional circumstances warranting anonymity.

The Administration erred in concluding that the Applicant making inappropriate comments between February and May 2018 constituted harassment of V01 and that the Applicant¡¯s handling of V01¡¯s complaint against Mr. N. constituted harassment and abuse of authority. The Applicant¡¯s due process rights were respected during the investigation and the disciplinary process.

Although not constitutive...