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The ±¬ÁÏÍøAT held that the former staff member had a duty to promptly disclose to ±¬ÁÏÍøFPA that she was under investigation when she resigned from Oxfam¨Ca fact that it considered relevant to her suitability for the position. It noted that the application form included a specific question about whether she resigned while under investigation, indicating her awareness of the Organisation¡¯s core values. The ±¬ÁÏÍøAT also emphasized that her letter of appointment stated that she was responsible for providing any required information during both the application process and subsequent employment.

The ±¬ÁÏÍøAT...

The ±¬ÁÏÍøAT held that even if it were to consider that his request for management evaluation had not been premature but valid in respect of all the non-payment decisions, the request had been submitted belatedly. The ±¬ÁÏÍøAT found that the staff member should have submitted the request for management evaluation within 60 days from receipt of his final pay statement. The ±¬ÁÏÍøAT concluded that the ±¬ÁÏÍøDT had not erred in finding that his request had not been timely and had not committed an error by obscuring the underlying facts of the case.

The ±¬ÁÏÍøAT was of the view that it was unclear what Covid-19...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT correctly concluded that the ABCC¡¯s 30-month delay in processing the claim for compensation was excessive. It found that a reasonable delay for decision-making in this claim would have been no more than 24 weeks. It held that the additional delay of 24 months and 13 days, without adequate explanation, was unlawful and violated the Administration¡¯s duty to treat the dependents of the deceased staff member fairly and reasonably.

With respect to the compensation awarded, the ±¬ÁÏÍøAT affirmed the ±¬ÁÏÍøDT¡¯s award of six months¡¯ net base salary for moral harm. However, the...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not err in concluding that it was established that the former staff member diverted funds contributed to the United Nations Staff Union to support ±¬ÁÏÍø Staff Day to the United Nations Athletic Club (±¬ÁÏÍøAC). The ±¬ÁÏÍøAT affirmed that even if the former staff member did not obtain personal gain, she misused her office for the private gain of a third party, the ±¬ÁÏÍøAC, which constituted misconduct.

The ±¬ÁÏÍøAT held that irrespective of what the former staff member¡¯s work environment was like, it cannot justify misconduct.

The ±¬ÁÏÍøAT further held that any form of dishonest...

The ±¬ÁÏÍøAT observed that Mr. Ponce-Gonzalez was attempting to persuade the Appeals Tribunal that an official who claimed to have delegated authority to make hiring decisions did not in fact have such authority. Mr. Ponce-Gonzalez claimed to have new documents in support of his argument.

The ±¬ÁÏÍøAT held that the new facts discovered did not meet the statutory requirement for decisiveness on the outcome of the earlier appeal and hence the application for revision did not satisfy the strict statutory test under Article 11(1) of the ±¬ÁÏÍøAT Statute, and the application was denied.

The ±¬ÁÏÍøAT observed that Mr. Ponce-Gonzalez was attempting to persuade the Appeals Tribunal that an official who claimed to have delegated authority to make hiring decisions did not in fact have such authority. Mr. Ponce-Gonzalez claimed to have new documents in support of his argument.

The ±¬ÁÏÍøAT held that the new facts discovered did not meet the statutory requirement for decisiveness on the outcome of the earlier appeal and hence the application for revision did not satisfy the strict statutory test under Article 11(1) of the ±¬ÁÏÍøAT Statute, and was denied.

The ±¬ÁÏÍøAT held that there was no error of law or fact by the ±¬ÁÏÍøDT in finding that the allegations of sexual harassment and workplace harassment were proven to the clear and convincing evidence standard. The ±¬ÁÏÍøDT had the advantage of seeing and hearing the evidence of the principal witnesses to, and relating to, the events. There was therefore ample evidence to confirm the ±¬ÁÏÍøDT¡¯s assessments of the occurrence and significance of the events. The ±¬ÁÏÍøDT was also entitled to draw the inference that AAO, rebuffed in his sexual advances by the complainant, retaliated subsequently through workplace...

The ±¬ÁÏÍøAT noted that ABD¡¯s appeal was filed within 60 days of the Order¡¯s issuance, but more than 30 days after that event. Given that under Article 7(1)(c) of the ±¬ÁÏÍøAT Statute, a party has 30 days to appeal an order, ABD was out of time to appeal against the impugned ±¬ÁÏÍøDT Order.

The ±¬ÁÏÍøAT dismissed the appeal as not receivable.

L'±¬ÁÏÍøAT a estim¨¦ que le DT de l'±¬ÁÏÍøRWA avait correctement ¨¦valu¨¦ l'application par l'Agence des exigences en mati¨¨re d'exp¨¦rience applicables aux requ¨¦rants. Plus pr¨¦cis¨¦ment, en ce qui concerne les enseignants contestant leur classement au grade 9, l'±¬ÁÏÍøAT a souscrit ¨¤ l'examen par le DT de l'±¬ÁÏÍøRWA de la description du poste de personnel r¨¦gional, qui exigeait cinq ans d'exp¨¦rience dans l'enseignement au grade 9 pour ¨ºtre class¨¦ au grade 10. Les requ¨¦rants class¨¦s au grade 9 ne remplissant pas cette condition, l'±¬ÁÏÍøAT a estim¨¦ que le DT de l'±¬ÁÏÍøRWA avait correctement conclu qu'ils ¨¦taient class¨¦s...

L'±¬ÁÏÍøAT a estim¨¦ que l'±¬ÁÏÍøDT avait agi correctement en proc¨¦dant ¨¤ un contr?le juridictionnel de l'affaire.

Il a conclu que l'±¬ÁÏÍøDT avait correctement ¨¦valu¨¦ la cr¨¦dibilit¨¦ des t¨¦moins qui avaient t¨¦moign¨¦ devant lui et s'¨¦tait fond¨¦ ¨¤ juste titre sur le t¨¦moignage cr¨¦dible de Mme V, qui n'avait aucun motif de mentir, pour conclure qu'il avait ¨¦t¨¦ ¨¦tabli par des preuves claires et convaincantes que l'ancien membre du personnel l'avait harcel¨¦e sexuellement en tenant des propos ¨¤ caract¨¨re sexuel en mai et d¨¦cembre 2020. Si le t¨¦moignage de Mme V aurait ¨¦t¨¦ suffisant en soi dans ce contexte, le...

L'±¬ÁÏÍøAT a not¨¦ que les conclusions du TDPI reposaient sur des preuves cr¨¦dibles lorsqu'il a d¨¦termin¨¦ que le fils de la fonctionnaire avait contract¨¦ la Covid-19, qu'il avait ¨¦t¨¦ trait¨¦ sous la supervision de son m¨¦decin traitant et que le paiement avait ¨¦t¨¦ effectu¨¦ sur la base des factures de ce dernier refl¨¦tant les soins qu'il avait prodigu¨¦s.

L'±¬ÁÏÍøAT a estim¨¦ qu'¨¤ la lumi¨¨re des t¨¦moignages des t¨¦moins de la fonctionnaire, y compris elle-m¨ºme et le professionnel de sant¨¦ qui avait trait¨¦ son fils, le TDPI n'avait pas commis d'erreur en concluant que l'Administration n'avait pas ¨¦tabli la...

L'±¬ÁÏÍøAT a not¨¦ que le fonctionnaire souffrait d'un probl¨¨me m¨¦dical n¨¦cessitant des soins qui avait une incidence sur sa capacit¨¦ ¨¤ reprendre le travail, qu'il avait consenti ¨¤ l'examen m¨¦dical ind¨¦pendant et qu'il n'avait pas contest¨¦ ces dossiers devant le TDPI ni en appel.

L'±¬ÁÏÍøAT a estim¨¦ que m¨ºme si la d¨¦cision ST/AI/2019/1 ¨¦tait applicable aux fonctionnaires du HCR ou consid¨¦r¨¦e comme un mod¨¨le de pratique ¨¦quitable, elle n'aurait pas rendu l'examen m¨¦dical ind¨¦pendant irr¨¦gulier.

L'±¬ÁÏÍøAT n'a trouv¨¦ aucun motif pour infirmer la d¨¦cision de l'±¬ÁÏÍøDT selon laquelle il n'y avait aucune preuve de...

L'±¬ÁÏÍøAT a not¨¦ que les ordonnances contest¨¦es rejetant les demandes d'anonymat du fonctionnaire avaient ¨¦t¨¦ rendues moins d'un mois apr¨¨s que le TFP ait fait droit ¨¤ sa demande d'anonymat dans une autre affaire.

L'±¬ÁÏÍøAT a estim¨¦ que les ordonnances contest¨¦es n'¨¦taient pas isol¨¦es et que l'interaction de toutes ces proc¨¦dures rendait la situation exceptionnelle. Le T±¬ÁÏÍøAT a estim¨¦ que le fait de lui refuser l'anonymat pour ses deux demandes uniquement irait ¨¤ l'encontre de l'objectif de l'anonymat et que, dans les circonstances particuli¨¨res de cette proc¨¦dure, cette incoh¨¦rence portait atteinte ¨¤...

L'±¬ÁÏÍøAT a estim¨¦ que, bien que l'ancien membre du personnel n'ait re?u le rapport d'enqu¨ºte complet qu'apr¨¨s la fin de la proc¨¦dure disciplinaire, il n'y avait pas eu violation des r¨¨gles de proc¨¦dure r¨¦guli¨¨re, car la lettre lui donnant la possibilit¨¦ de r¨¦pondre ¨¦tait d¨¦taill¨¦e et il avait re?u le rapport d'enqu¨ºte complet au d¨¦but de la proc¨¦dure devant le Tribunal du contentieux.

L'±¬ÁÏÍøAT a estim¨¦ que le Tribunal du contentieux avait correctement entendu les t¨¦moignages en direct de nombreux t¨¦moins, qui avaient tous ¨¦t¨¦ soumis ¨¤ un contre-interrogatoire, et avait admis certaines d¨¦clarations...

The ±¬ÁÏÍøAT noted that the ±¬ÁÏÍøDT¡¯s findings had been based on credible evidence when it determined that the staff member¡¯s son had contracted Covid-19; he had been treated under the supervision of her primary medical care provider; and payment had been made based on invoices from that provider reflecting the care he had provided.

The ±¬ÁÏÍøAT was of the view that in light of the testimony of the staff member¡¯s witnesses, including herself and the medical professional who had treated her son, it had not been erroneous for the ±¬ÁÏÍøDT to conclude that the Administration had failed to establish the medical...

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøRWA DT had correctly assessed the Agency¡¯s application of the experience level requirements applicable to the Appellants. Specifically, regarding the teachers contesting their classification at Grade 9, the ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøRWA DT¡¯s review of the Area Staff Post Description, which required five years of teaching experience at Grade 9 for classification at Grade 10.As the Appellants classified at Grade 9 did not meet this requirement, the ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT had correctly concluded that they were appropriately classified at Grade 9.

The ±¬ÁÏÍøAT further...

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 noted that the impugned Orders denying the staff member¡¯s requests for anonymity had been issued less than a month after the ±¬ÁÏÍøDT had granted his motion for anonymity in another case.

The ±¬ÁÏÍøAT found that the impugned Orders did not exist in isolation and the interaction of all these proceedings rendered the situation exceptional. The ±¬ÁÏÍøAT held that denying him anonymity for his two applications alone would defeat the purpose of anonymity and, in the unique circumstances of these proceedings, this inconsistency was prejudicial to the integrity of the internal justice system. The ±¬ÁÏÍøAT...

The ±¬ÁÏÍøAT noted that the staff member had a medical condition requiring attention which impacted his ability to return to work, and he had consented to the Independent Medical Examination and had not challenged those records before the ±¬ÁÏÍøDT nor on appeal.

The ±¬ÁÏÍøAT held that even if ST/AI/2019/1 were applicable to ±¬ÁÏÍøHCR staff members or taken as a model of just practice, it would not have rendered the Independent Medical Examination improper.

The ±¬ÁÏÍøAT found no basis to overturn the ±¬ÁÏÍøDT¡¯s determination that there had been no evidence of bias or conflict of interest in either the medical...

The ±¬ÁÏÍøAT held that although the former staff member did not receive the full investigation report until after the disciplinary process was concluded, there was no due process violation because the opportunity to respond letter was detailed, and he received the full investigation report early in the Dispute Tribunal proceedings.

The ±¬ÁÏÍøAT held that the Dispute Tribunal had appropriately heard live testimony from numerous witnesses, all of whom were subject to cross-examination, and had admitted certain hearsay statements using established methods of corroboration. The ±¬ÁÏÍøAT held that the Dispute...