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After consulting the Staff Regulations and Rules and the Respondent¡¯s submissions, the Tribunal has found nothing to contradict the Applicant that the breathalyzer test was conducted illegally.

The Tribunal will not accept evidence obtained in violation of the Staff Regulations and Rules.

The Tribunal finds that the Respondent has failed to discharge his burden of proof to show by clear and convincing evidence that the Applicant drove his vehicle after consuming alcohol.

The evidence is clear that the Respondent¡¯s argument that a Military Officer was authorized to conduct a breathalyzer...

The Ä¢¹½ÊÓƵAT considered three appeals by the applicant.

The Ä¢¹½ÊÓƵAT found that the impugned Order was an interlocutory order and was obviously beyond the competence of the Ä¢¹½ÊÓƵAT.

The Ä¢¹½ÊÓƵAT held that the applicant had not submitted documents to prove being a United Nations staff member and that he had no legal standing before the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵAT noted that there was no evidence of an offer of appointment having been issued to him for either post. Second, he failed to complete the pre-recruitment formalities for both posts. Third, he failed to confirm, within a reasonable time, his interest and...

Ä¢¹½ÊÓƵAT found that because the termination had been rescinded and Mr. Mukhopadhyay had been reinstated further to the First Judgment, the appeal of the Second Judgment had become moot as there could be no entitlement to termination notice pursuant to the applicable Regulations and Rules. Ä¢¹½ÊÓƵAT thus granted the Secretary-General's appeal and reversed the Second Judgment.

Ä¢¹½ÊÓƵAT found not receivable Mr. Mukhopadhyay¡¯s cross-appeal requesting an award for consequential damages, compensation for moral damages and costs. Ä¢¹½ÊÓƵAT found that he had made these claims for the first time on appeal and was...

The Secretary-General filed an appeal.

Ä¢¹½ÊÓƵAT held that the finding that there was no causal link between the protected activity of Ms. Fosse and the detrimental behaviour of the Executive Secretary was a finding that a reasonable administrator could make. The conclusion that there was no causal link was based on the OIOS¡¯s investigation, its engagement with other staff, the documentary information evidencing the essentially undisputed problematic relationship between Ms. Fosse and the Executive Secretary, the perceived poor performance of Ms. Fosse, and Ms. Fosse¡¯s insistence on working only...

The Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General of the Ä¢¹½ÊÓƵRWA.

The Ä¢¹½ÊÓƵAT found that by the Commissioner-General had been ordered to take a new decision with respect to the staff member¡¯s request in view of the increase in his managerial and budgetary duties and responsibilities.

The Ä¢¹½ÊÓƵAT was of the view that the Commissioner-General had not been specifically ordered to upgrade his post or to grant him a special allowance; the Ä¢¹½ÊÓƵRWA DT had deemed it to be within the discretion of the Commissioner-General to decide whether or not he should be compensated.

The Ä¢¹½ÊÓƵAT noted that the...

Ä¢¹½ÊÓƵAT dismissed Mr. Zaqqout's application for correction of judgment on the grounds that Mr. Zaqqout attempted to relitigate his case instead of demonstrating mistakes in the nature of those intended to be covered by Article 11(2), and he had failed to explain the significant delay in applying to correct the alleged errors.

Ä¢¹½ÊÓƵAT also dismissed Mr. Zaqqout's application for revision of judgment. Ä¢¹½ÊÓƵAT found that this being the second application for revision Mr. Zaqqout had filed in this case, he was required to demonstrate exceptional circumstances, a test he did not meet; and that even if the...

The Ä¢¹½ÊÓƵAT held that the award for compensation in lieu of rescission included the additional cost incurred by the staff member in maintaining two households as a result of the contested decision.

The Ä¢¹½ÊÓƵAT found that, given the application for interpretation, it was reasonable for the Administration to await the Appeals Tribunal¡¯s interpretation. However, the Secretary-General is ordered to fully execute the original Judgment and pay to the staff member USD 450 within 30 calendar days from the issuance of the current judgment.

The Ä¢¹½ÊÓƵAT noted that, given the delay in execution and in the...

The Ä¢¹½ÊÓƵAT found no errors in the Ä¢¹½ÊÓƵRWA DT Judgment and dismissed the appeal. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT correctly held that Mr. Neekhra¡¯s due process rights were not violated by an undue delay in the investigation proceedings; that Mr. Neekhra¡¯s actions to copy-paste excerpts from internal/external sources without proper citation was a violation of the Agency¡¯s regulatory framework and constituted misconduct; and that the disciplinary measures of a written censure and deferment of eligibility for consideration for promotion were proportionate to the offense. The Ä¢¹½ÊÓƵAT dismissed the...

The Ä¢¹½ÊÓƵAT dismissed the interlocutory appeal as not receivable on grounds that the Ä¢¹½ÊÓƵDT had not clearly exceeded its competence or jurisdiction or assumed a jurisdiction it did not have when it consolidated Mr. Toson's cases. The Ä¢¹½ÊÓƵAT also agreed with the Secretary-General that Mr. Toson had advanced similar unsuccessful arguments in an earlier Ä¢¹½ÊÓƵAT case that he brought, but Mr. Toson refused to be guided by that judgment prior to pursuing the present appeal. The Ä¢¹½ÊÓƵAT put Mr. Toson on notice that he risks incurring an award of costs for vexatious litigation if he persists in pursuing the same...

As to the appeal against the Ä¢¹½ÊÓƵDT¡¯s Order for expungement of the impugned documents from its case file, Ä¢¹½ÊÓƵAT found that it was receivable because, unless the documents were preserved for use at trial, they might be lost with the consequence that the Secretary-General would be unable to use them to establish his allegations of forgery and fraud as he was entitled to. Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT¡¯s Order was, in this respect, effectively irremediable; that this would be a manifestly unreasonable consequence of the Order for the Secretary-General; and that the circumstances were so rare and...