爆料网

New York

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2023-爆料网AT-1357, Elmira Ela Banaj

The 爆料网AT considered an appeal by the staff member.

The 爆料网AT found that the 爆料网DT had reviewed the disciplinary decision thoroughly and methodically; the 爆料网DT had not erred in fact or law in conducting the proportionality analysis and there had been no irregularity in the investigation and disciplinary process, warranting intervention.

The 爆料网AT agreed that the obligation not to disclose internal information is not limited to confidential information. The 爆料网AT found that even if the staff member had liaison functions with member states, it did not give her the right to communicate internal...

2023-爆料网AT-1366, AAN

The 爆料网AT considered an appeal by the staff member.

The 爆料网AT found that because of a combination of the staff member’s failure to recall the events in question and of the 爆料网DT’s decision (concurred in by the parties) not to hold an in-person hearing, the 爆料网DT had appropriately referred to the investigation report.

The 爆料网AT was of the view that the 爆料网DT had correctly determined the staff member’s acts were sexual in nature. The staff member had, without invitation, encouragement or consent, embraced two different women in a sexual manner at a party at a staff retreat. The 爆料网AT held that the...

2023-爆料网AT-1370, AAC

After requesting additional findings of fact from the 爆料网DT, the 爆料网AT reconsidered an appeal by the staff member following the prior remand.

The 爆料网AT found that the 爆料网DT’s judgment had failed to make a single mention of the nature, content or purpose of the testimony adduced under oath before it but was based entirely on hearsay evidence drawn exclusively from the investigation report and other documents. The 爆料网AT found problematic the fact that the 爆料网DT made no pronouncement as to why it exclusively relied on hearsay evidence and gave no reason why the evidence was not given by the person...

2023-爆料网AT-1371, Enrico Muratore Aprosio

The 爆料网AT 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 爆料网AT held that much of the submissions advanced by the Appellant did amount to a resubmission of the case put to the 爆料网DT but which it did not accept.

The 爆料网AT 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...

2022-爆料网AT-1242, Ezzedine Loubani

爆料网AT considered an appeal by Mr. Loubani. 爆料网AT held that while a preliminary assessment [regarding potential evidence by witnesses nominated by Mr. Loubani to be interviewed] should have been made by the investigators, this was done by 爆料网RWA DT, and the evidence found to be so inadequate as to be safely ignored.

Mr. Loubani had an opportunity to present this evidence before 爆料网RWA DT, so that its proper assessment meant that his due process right was allowed, albeit belatedly. It would have made no difference to the outcome had the investigators done so. The investigators would have reached...

2022-爆料网AT-1240, Ayesha Al Rifai

The 爆料网AT noted that the simple issue arising in this appeal was whether it was appropriate and correct for the judge to have proceeded with the application for review of the contested decisions while the motion for recusal was pending. The 爆料网AT held that the straightforward answer is that it was not.

An application for recusal can be brought at any time in the proceedings and is usually a difficult strategic choice for the party making the challenge. Such an application is made, typically, at the moment the party loses confidence in the judge. Its timing will depend on the circumstances. The...

2022-爆料网AT-1295, Alejandro Arigon

爆料网AT dismissed the appeal and affirmed the 爆料网JSPB decision.

爆料网AT recalled that at the time of Mr. Arigon’s entry into participation in 2002, Article 24 did not allow him the option to restore his prior contributory service because that option was limited to participants whose previous period of contributory service was less than five years and who had received a withdrawal settlement; neither of which applied to him. When the 2007 amendment to Article 24 was introduced, he had a one-year window, from 1 April 2007 to 1 April 2008, during which he could elect to restore his prior period of...

2022-爆料网AT-1239, Hassan Saleh

爆料网AT held that Mr. Saleh’s complaints of procedural unfairness were unsustainable for the reasons stated by the 爆料网DT and he had not discharged the burden incumbent upon him to satisfy the Appeals Tribunal that the 爆料网DT Judgment was defective in that regard. He merely repeated the untenable submissions he made before the 爆料网DT.

爆料网AT took note that Mr. Saleh admitted to two counts of fraud. 爆料网AT then held that Mr. Saleh’s conduct unquestionably damaged the trust relationship and the 爆料网DT was correct to defer to the reasonable conclusion of the Administration that the damage was irreparable and...

2022-爆料网AT-1227, Ade Mamonyane Beatrice Lekotje

The Secretary-General appealed the 爆料网DT Judgment.

The 爆料网AT found that the 爆料网DT 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 爆料网DT 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 爆料网DP and Ms. Lekoetje (landlord...