Ä¢¹½ÊÓƵ

Article 17.3

  • Article 10
  • Article 10.1
  • Article 10.5(b)
  • Article 11
  • Article 11.2
  • Article 11.2(a)
  • Article 11.2(c)
  • Article 12
  • Article 12.1
  • Article 13
  • Article 13.1
  • Article 13.2
  • Article 13.3
  • Article 13.4
  • Article 14
  • Article 14.1
  • Article 14.4
  • Article 15
  • Article 15.1
  • Article 15.13
  • Article 15.2
  • Article 15.3
  • Article 15.4
  • Article 15.5
  • Article 15.6
  • Article 15.7
  • Article 16
  • Article 16.1
  • Article 16.2
  • Article 16.3
  • Article 16.6
  • Article 17
  • Article 17.1
  • Article 17.2
  • Article 17.3
  • Article 17.5
  • Article 17.6
  • Article 17.6
  • Article 18
  • Article 18.1
  • Article 18.2
  • Article 18.3
  • Article 18.4
  • Article 18.5
  • Article 19
  • Article 19.1
  • Article 2
  • Article 2.1(a)
  • Article 20
  • Article 21
  • Article 22
  • Article 24
  • Article 24.1
  • Article 24.2
  • Article 24.3
  • Article 25
  • Article 26
  • Article 26.2
  • Article 27
  • Article 27.1
  • Article 27.2
  • Article 27.2(c)
  • Article 28
  • Article 28.2
  • Article 29
  • Article 29.1
  • Article 29.2
  • Article 30
  • Article 31
  • Article 31.1
  • Article 32
  • Article 32.2
  • Article 34
  • Article 34(a)
  • Article 34(b)
  • Article 35
  • Article 36
  • Article 36.1
  • Article 4.7
  • Article 5.2
  • Article 6.2
  • Article 7
  • Article 7.1
  • Article 7.1(a)
  • Article 7.1(b)
  • Article 7.1(c)
  • Article 7.2
  • Article 7.3
  • Article 7.4
  • Article 7.5
  • Article 7.6
  • Article 7(a)
  • Article 7(b)
  • Article 8
  • Article 8.1
  • Article 8.2
  • Article 8.2(c)
  • Article 8.2(e)
  • Article 8.2(g)
  • Article 8.3
  • Article 8.4
  • Article 8.6
  • Article 8(d)(i)
  • Article 9
    • Showing 1 - 6 of 6
    2024-Ä¢¹½ÊÓƵAT-1460, Al Waleed Abdelrahman Abdrabou

    The Ä¢¹½ÊÓƵAT noted that the Ä¢¹½ÊÓƵDT had appropriately relied on the clear and convincing evidence to conclude that the staff member had submitted a medical insurance claim to Cigna for medical services that had never been provided.

    The Ä¢¹½ÊÓƵAT held that the evidence established that it was highly probable that the staff member had made the misrepresentation to Cigna with the intent to deceive and that his actions had been potentially prejudicial to the Ä¢¹½ÊÓƵDP which was subject to any loss from undue reimbursements.

    The Ä¢¹½ÊÓƵAT found that the staff member¡¯s certification to Cigna of the correctness of the...

    2010-Ä¢¹½ÊÓƵAT-081, Azzouni

    Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in failing to consider adequately the Appellant¡¯s evidence, noting she was not given the opportunity to prove her case, including allegations of discrimination, at the Ä¢¹½ÊÓƵDT hearing, which included the opportunity to call evidence and to challenge the Administration¡¯s evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in allowing testimony to be given at the hearing that was neither sworn, affirmed, nor made under a promise, to tell the truth. Ä¢¹½ÊÓƵAT allowed the appeal, set aside the Ä¢¹½ÊÓƵDT judgment and ordered reinstatement or the award of compensation in lieu of reinstatement in...

    2010-Ä¢¹½ÊÓƵAT-080, Streb

    Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT adequately applied the appropriate principles set out in the former Ä¢¹½ÊÓƵ Administrative Tribunal judgment No. 1391 (2008) in considering whether or not a case of serious misconduct had been established and if so, whether the sanction of summary dismissal was appropriate. Ä¢¹½ÊÓƵAT held that the fact that the Appellant accepted lavish hospitality was a clear violation of the Procurement Division¡¯s Guidelines on Acceptance of Gifts and Hospitality by the Procurement Division Staff. Although the misconduct was based on a single incident, Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that it would have been...

    2013-Ä¢¹½ÊÓƵAT-364, Nyambuza

    Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the facts upon which the sanction was based had not been established by clear and convincing evidence, albeit for different reasons than given by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s determination that the evidence from two witnesses had little probative value was correct because although written witness statements taken under oath can be sufficient to establish by clear and convincing evidence the facts to support the dismissal of a staff member when a statement is not made under oath or affirmation, there must be some other indicia of...

    2013-Ä¢¹½ÊÓƵAT-281, Pacheco

    Ä¢¹½ÊÓƵAT held that the Appellant did not identify any evidence that contradicted the findings of Ä¢¹½ÊÓƵDT regarding the abolition of her post. Ä¢¹½ÊÓƵAT recalled the broad discretion of Ä¢¹½ÊÓƵDT to determine the admissibility of evidence and the discretion of Ä¢¹½ÊÓƵDT to decide whether the presence of witnesses is required and to limit oral evidence. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate that Ä¢¹½ÊÓƵDT erred in declining to hear the proffered evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in allowing testimony to be given at its hearing that was neither sworn, affirmed, nor made under a promise to tell the...

    Ä¢¹½ÊÓƵDT/2016/022, Applicant

    Standard of proof in disciplinary cases - In disciplinary proceedings it is well settled now that the evidence must be clear and convincing and that would include identification evidence. Evidence of misconduct must be clear and convincing. Findings of fact by the trial judge - As a trier of facts, a first instance judge has the means and power to assess the veracity and accuracy of a witness. The findings of fact of a trial judge should rarely be reversed on appeal unless the findings are so perverse that no reasonable person would have come to the conclusions reached on the facts by the...