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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Mr Alobwede. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law and exceeded its jurisdiction in substituting its own opinion for that of the ICTR Registrar regarding the contested conduct. Ä¢¹½ÊÓƵAT held that the adverse effect on Mr Alobwede was not supported by evidence. Ä¢¹½ÊÓƵAT held that the ICTR Registrar¡¯s decision was lawful, and Ä¢¹½ÊÓƵDT erred in finding that it was not, as well as in its consequent award of moral damages for the substantive breach of ST/SGB/2008/5. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in the level of award. Ä¢¹½ÊÓƵAT held that the Secretary...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that the refusal by the former Executive Director to open an investigation into all the allegations raised violated ST/SGB/2008/5. Ä¢¹½ÊÓƵAT held that the Administration has a degree of discretion as to how to conduct a review and assessment of a complaint and may decide whether to undertake a fact-finding investigation into all or some of the allegations. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s conclusion that the former Executive Director did not comply with ST/SGB/2008/5 by hiring two consultants from outside the Organisation to conduct the investigation. Under ST/SGB/2008/5...

Ä¢¹½ÊÓƵAT considered both appeals by the Secretary-General and by Ms. Benfield-Laporte. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s finding that the ASG/OHRM did not err in deciding that the staff member¡¯s complaint did not provide sufficient grounds to warrant a formal fact-finding investigation. Ä¢¹½ÊÓƵAT held that the ASG/OHRM has a degree of discretion as to how to conduct a review and assessment of a complaint and to decide whether an investigation regarding all or some of the charges is warranted. Ä¢¹½ÊÓƵAT held that where there is no risk of undermining the investigation, it is a good practice to hear both sides in order to...

Ä¢¹½ÊÓƵAT held that the Appellant had failed to demonstrate evidence of exceptional circumstances to justify the need to submit new evidence or file additional pleadings and, therefore, dismissed the Appellant¡¯s motion. Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding that it would not assist in the expeditious and fair disposal of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT was not required to set out its findings on every submission presented by the Appellant and the failure to do so did not amount to an error on the part of the Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT upheld the order of Ä¢¹½ÊÓƵRWA DT to rescind the contested...

Ä¢¹½ÊÓƵAT held, agreeing with Ä¢¹½ÊÓƵDT, that the Administration should have removed the offending minutes, written to all recipients of the minutes withdrawing the damaging allegations against Mr. Awe, and/or simply forwarded the fact-finding panel¡¯s report to the participants of the SMT meeting and recipients of the minutes. Ä¢¹½ÊÓƵAT held that the reprimand in the offender¡¯s file and the private apology did not constitute appropriate relief for the restoration of Mr. Awe¡¯s reputation and career. Ä¢¹½ÊÓƵAT considered that any action was taken against Mr. Rutgers (managerial or disciplinary) could have only...

Ä¢¹½ÊÓƵDT¡¯s findings that the former supervisor may have retaliated against the staff member for her work-related conduct and for seeking recourse in the internal justice system and that he used his position of authority to improperly influence her work conditions are supported by the available evidence. Ä¢¹½ÊÓƵAT found that the former supervisor had evicted the staff member from her functions preventing her from carrying out her duties and intended to humiliate and embarrass her by unjustifiably copying uninterested persons in personal and confidential communications concerning her performance. The...

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵRWA¡¯s disciplinary system provides that the Commissioner-General may only impose such disciplinary measures on current staff members. Ä¢¹½ÊÓƵAT accordingly found that Ä¢¹½ÊÓƵRWA DT erred in finding that the Commissioner-General was entitled to impose the disciplinary measure of a fine after the Appellant¡¯s employment ended and held that the disciplinary measure had to be rescinded. With respect to the Appellant¡¯s request for compensation, Ä¢¹½ÊÓƵAT noted that it may only award compensation for harm in cases where the individual presented evidence, other than...

Ä¢¹½ÊÓƵAT rejected the motion for leave to comment on the answer to the appeal, finding that the matters that the Appellant sought to address in her comments would be essentially a repetition of, or supplementary to, her submissions. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly reviewed the contested decision in accordance with the applicable law and addressed the concerns identified by Ä¢¹½ÊÓƵAT by establishing the critical facts as instructed. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT's conclusions were consistent with the evidence. Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵDT¡¯s finding that the Appellant failed to establish that the decision not to...

Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate exceptional circumstances warranting the admission of additional evidence on appeal. Ä¢¹½ÊÓƵAT found no errors in the Ä¢¹½ÊÓƵDT¡¯s analysis that there were no procedural flaws in the investigation that impacted the Appellant¡¯s rights. Ä¢¹½ÊÓƵAT found no errors in Ä¢¹½ÊÓƵDT¡¯s finding that the Administration had the discretion to initiate disciplinary proceedings. Ä¢¹½ÊÓƵAT held that the Administration could neither be compelled to initiate disciplinary proceedings nor impose the reasonable accommodation requested by the Appellant, namely no contact with his First...

Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General and a cross-appeal by Ms. Kaddoura. Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵRWA DT Judgment in part. It only vacated the referral of the former Commissioner-General for accountability, finding that it was not adequate to rely on hearsay to refer a former staff member, be it the former Commissioner-General or any other, to accountability. Ä¢¹½ÊÓƵAT further held that there was no possibility of imposing a disciplinary measure on a former staff member, and as such any such referral would be ineffectual.