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The Ä¢¹½ÊÓƵAT found that Mr. Flekal, by consenting to the referral of the harassment claim on 3 March 2024, for managerial action, had essentially waived the right to pursue a remedy before the Tribunals for the lack of an investigation into his complaints of harassment, including bullying. The Ä¢¹½ÊÓƵAT noted that under the relevant technical instruction of the Department of Internal Oversight Services, bullying is not a separate category of misconduct, it is considered a kind of harassment.

The Ä¢¹½ÊÓƵAT noted that Mr. Flekal had also waived his ¡°abuse of power¡± claim because it was not pled in his...

The Ä¢¹½ÊÓƵAT held that the issues on appeal were whether the Ä¢¹½ÊÓƵRWA Dispute Tribunal erred in finding that the facts of misconduct were established to the clear and convincing evidence standard, whether it erred in concluding that the conduct constituted serious misconduct, and whether it erred in affirming the proportionality of the disciplinary sanction of separation from service without termination indemnity. It recalled that its role is not to conduct a de novo review, but to determine whether the first?instance tribunal committed an error of law, fact, or procedure resulting in an unreasonable...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that the contested decision to close the staff member¡¯s complaint without investigation was lawful and reasonable. The Ä¢¹½ÊÓƵAT found that OIAI properly assessed the allegations and determined they lacked sufficient evidence or indicia of misconduct, and that the incidents described fell within normal performance management rather than harassment or abuse of authority.

The Ä¢¹½ÊÓƵAT further held that the Ä¢¹½ÊÓƵDT correctly found that disagreements over performance ratings and the implementation of a Performance Improvement Plan do not constitute...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that the contested decision by the OAI to close the staff member¡¯s complaint was lawful. The Ä¢¹½ÊÓƵAT 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 Ä¢¹½ÊÓƵDP¡¯s legal framework.

The Ä¢¹½ÊÓƵAT further held that the Ä¢¹½ÊÓƵDT correctly rejected the staff member¡¯s procedural arguments, including claims of bias and denial of witness testimony. The Ä¢¹½ÊÓƵAT emphasized that the proposed witnesses could not have altered the established...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding the extensions of administrative leave with pay lawful, as the Administration reasonably assessed the risk to workplace harmony given the appellant¡¯s senior role.

The Ä¢¹½ÊÓƵAT agreed that the refusals to complete ePAS evaluations and to approve a subordinate¡¯s workplan and telecommuting request constituted insubordination under Staff Rule 1.2(a), which requires compliance with instructions properly issued by supervisors. It clarified that staff must follow instructions even if they believe them unlawful, unless criminal, and that ¡°properly issued¡±...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had not erred in finding that it had been proven by clear and convincing evidence that the staff member had engaged in harassment and abuse of authority, used her office for personal reasons to prejudice the position of a colleague, disclosed sensitive information, failed to report the possible misconduct of others, used a personal e-mail address contrary to the applicable provisions, and exchanged inappropriate messages about colleagues.

The Ä¢¹½ÊÓƵAT found that regardless of whether she had been a whistleblower engaged in a protected activity, there was no evidence that...

The Ä¢¹½ÊÓƵAT found that there was clear and convincing evidence that Mr. Hunt, in coordination with colleagues, was covertly communicating with a news media reporter on the Investment Fund transaction, the approval process, and the former Representative of the Secretary-General (RSG)¡¯s role and had thereby leaked information to the reporter.

The Ä¢¹½ÊÓƵAT held that Mr. Hunt failed to prove that his action of reporting possible misconduct within Ä¢¹½ÊÓƵJSPF to outside sources was a protected activity under the Secretary-General¡¯s Bulletin on protection against retaliation. The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT¡¯s...

The Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵDT did not err in finding that two periods of delay in addressing the former staff member¡¯s complaints was not evidence of bias against her. The Ä¢¹½ÊÓƵAT held that delay alone is not indicative of bias.

The Ä¢¹½ÊÓƵAT further held that the former staff member¡¯s claims related to a certain press release had been decided by prior Tribunal judgments and could not be relitigated.

The Ä¢¹½ÊÓƵAT also found that the Ä¢¹½ÊÓƵDT correctly confirmed that the establishment of the fact-finding Panel, its process of fact-finding and reporting, and its interactions with the former staff member as...

The Ä¢¹½ÊÓƵAT found that Article 9(4) of the Ä¢¹½ÊÓƵDT Statute regarding the nature of the judicial review that the Ä¢¹½ÊÓƵDT conducts in disciplinary cases did not apply to the instant case as it was adopted after the hearing was held. The parties presented their evidence, including a chronology of agreed facts as well as live testimony, and made their respective post-hearing submissions, under a legal framework where Article 9(4) was not operative and it would be inappropriate, and a denial of due process, to apply a new evidentiary framework at the point of decision, ex post facto.

The Ä¢¹½ÊÓƵAT found that...

The Ä¢¹½ÊÓƵAT held that the contested decision was lawful. It held that the Ä¢¹½ÊÓƵDT appropriately analysed the evidence presented, providing detailed reasons for accepting or rejecting each witness¡¯s testimony and, importantly, considered the staff member¡¯s admission of many of the key facts. These included acknowledging that: tensions existed between himself and both staff and national staff members; he was probably too demanding as a manager; he raised his voice at work; he referred to the sects of certain national staff members; he had difficult interpersonal issues with Complainant 1; he...