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±¬ÁÏÍøAT affirmed the Commissioner-General¡¯s decision to terminate the staff member for misconduct. ±¬ÁÏÍøAT emphasized the fact that the staff member, as a guard, held a position of trust that he had failed to respect. ±¬ÁÏÍøAT held that where termination of service is connected to any type of investigation of a staff member¡¯s possible misconduct, it must be reviewed as a disciplinary measure. ±¬ÁÏÍøAT held that the imposed sanction of separation was not disproportionate to the offense. Related judgments: 2010-±¬ÁÏÍøAT-018 (Mahdi)

±¬ÁÏÍøAT noted that, when reviewing a sanction imposed by the Administration, it needed to examine whether the facts on which the sanction was based were established; whether the established facts legally amounted to misconduct; and whether the disciplinary measure applied was disproportionate to the offense. ±¬ÁÏÍøAT affirmed the Commissioner-General¡¯s decision to discipline the staff member for misconduct. However, in light of the mitigating factors, ±¬ÁÏÍøAT held that the disciplinary measure was disproportionate to the offense and substituted the disciplinary measure of demotion with that of a written...

±¬ÁÏÍøAT held that the services provided by OSLA and the way the representation is implemented can have an impact on a staff member¡¯s terms of employment and can therefore fall within the jurisdiction of ±¬ÁÏÍøDT, without interfering with the professional independence of counsel. ±¬ÁÏÍøAT held that the decision taken by the former Chief of OSLA not to disclose a potential conflict of interest in the staff member¡¯s case could have an impact on his terms of employment and, therefore, constituted an administrative decision subject to review by ±¬ÁÏÍøDT. ±¬ÁÏÍøAT reversed the ±¬ÁÏÍøDT judgment and remanded the case to...

The staff member appealed on the ground that ±¬ÁÏÍøDT had made errors of fact in the judgment. ±¬ÁÏÍøAT recalled that in order to overturn a finding of fact, ±¬ÁÏÍøAT must be satisfied that the finding is not supported by the evidence or that it is unreasonable. Some degree of deference should be given to the factual findings by ±¬ÁÏÍøDT as the court of first instance, particularly where oral evidence is heard. ±¬ÁÏÍøAT dismissed the appeal finding that there were no grounds for overturning the ±¬ÁÏÍøDT¡¯s findings of fact and that no other reversible errors were made.

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT had correctly found that the alignment policy constituted an organisational measure aimed at simplifying administrative procedures in relation to staff appointments at ±¬ÁÏÍøODC. ±¬ÁÏÍøAT agreed with ±¬ÁÏÍøDT that, as a result of the Secretary-General¡¯s broad discretion in relation to decisions on internal management, the issuance of the policy by a ¡°Message of the Day¡± was subject to limited review by the Tribunal. ±¬ÁÏÍøAT affirmed ±¬ÁÏÍøDT¡¯s finding that the Appellant had failed to demonstrate that the application of the alignment policy to his case was motivated by improper motives and...

±¬ÁÏÍøAT held that the contentions against judgment No. ±¬ÁÏÍøDT/2009/004 were not receivable since only appeals against judgments on merits are receivable. Regarding the contentions against judgment No. ±¬ÁÏÍøDT/2011/080, ±¬ÁÏÍøAT held that there was no need to produce further documents. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT had correctly applied Article 10. 5 of the ±¬ÁÏÍøDT Statute in ordering compensation in lieu and that the Appellant had no right to request ±¬ÁÏÍøAT to order his reinstatement. ±¬ÁÏÍøAT noted that the non-renewal was based on a tainted performance evaluation and that ±¬ÁÏÍøDT, therefore, ordered the rescission of the...

±¬ÁÏÍøAT considered an appeal by the Commissioner-General and a cross-appeal by Mr Jibara. ±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA DT lacked jurisdiction to decide on the scope of the Oslo Accords signed by Israel and the Palestinian National Authority or the legality of the detention and imprisonment. ±¬ÁÏÍøAT recalled that it was not the role of ±¬ÁÏÍøDT to substitute its own decision for that of the Administration. ±¬ÁÏÍøAT recalled that, having established misconduct and the seriousness of the incident, ±¬ÁÏÍøAT cannot review the level of a sanction imposed except in cases of obvious absurdity or flagrant arbitrariness. ±¬ÁÏÍøAT...

±¬ÁÏÍøAT considered appeals by both the staff member and the Commissioner-General. ±¬ÁÏÍøAT held that the fact was undisputed that the staff member knowingly presented non-existent credentials despite questioning the ethics of accepting the document with his qualifications. ±¬ÁÏÍøAT held that termination was not disproportionate to the offence, taking into account that the staff member¡¯s recruitment, in the first instance, was predicated on the existence of a degree subsequently established to be without merit and which never would have qualified him for selection by the Organisation. ±¬ÁÏÍøAT held that ±¬ÁÏÍøRWA...

±¬ÁÏÍøAT considered an appeal by the Secretary-General. ±¬ÁÏÍøAT held that no reasonable or objective analysis of Mr Luvai¡¯s submissions to management, prior to his application to ±¬ÁÏÍøDT, regarding his non-selection for the posts could lead to a conclusion that the revocation of his firearm licence was sufficiently linked to the non-selection decisions such as to deem the matter as receivable by ±¬ÁÏÍøDT. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT had erred in fact and law in deciding otherwise and that, in purporting to adjudicate on the revocation of Mr Luvai¡¯s firearm licence, ±¬ÁÏÍøDT exceeded its competence. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT...

±¬ÁÏÍøAT considered an appeal by the Secretary-General. As a preliminary matter, ±¬ÁÏÍøAT rejected the request for an oral hearing finding there was no need for further clarification. ±¬ÁÏÍøAT held that the reliance of the Administration on disciplinary/administrative measures to deny the staff member¡¯s conversion to permanent appointment did not give ±¬ÁÏÍøDT a carte blanche to go behind the agreed sanctions imposed on 20 April 2009. ±¬ÁÏÍøAT held that it was not within ±¬ÁÏÍøDT¡¯s competence or jurisdiction to embark on an inquiry into whether the 2009 disciplinary sanctions were lawfully imposed or otherwise...