Ä¢¹½ÊÓƵ

The Ä¢¹½ÊÓƵAT considered an appeal by the participant in the Fund.

The Ä¢¹½ÊÓƵAT found that the facts suggest that the participant¡¯s withdrawal settlement funds were paid into a bank account which had not been opened by him. At the same time, there were unanswered questions as to how the participant had bank statements and cancelled cheques from this account if he had not opened it. In addition, given the mismatch between the participant¡¯s name and the name of the holder of the bank account, there was no explanation as to why the wire transfer had been allowed to proceed and had not been rejected.

The...

As a preliminary matter, Ä¢¹½ÊÓƵAT held that the Joint Appeals Board (JAB) had provided a decision as required by Article 2(10) of the Ä¢¹½ÊÓƵAT Statute and therefore Ä¢¹½ÊÓƵAT had jurisdiction to hear the appeal. Further, Ä¢¹½ÊÓƵAT held that an oral hearing would not assist with the expeditious and fair disposal of the case as required by Article 18(1) of the Ä¢¹½ÊÓƵAT Rules of Procedure and therefore denied the request for an oral hearing. Ä¢¹½ÊÓƵAT held that there was no error in the JAB¡¯s decision affirming the contested decision of wrongdoing following the Appellant¡¯s failure to report to work and holding of...

Mr. Jibril appealed.

As regards the request for an oral hearing, the Ä¢¹½ÊÓƵAT held that the factual and legal issues arising from this appeal had already been clearly defined by the parties and there was no need for further clarification. Moreover, an oral hearing would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the Ä¢¹½ÊÓƵAT Rules of Procedure. Accordingly, the request for an oral hearing is denied.

The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵRWA DT that the challenged administrative decision to place Mr. Jibril on Administrative Leave With Pay (ALWP) was lawful. ...

Mr. Hassan appealed the Ä¢¹½ÊÓƵDT judgment.

The Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate that the Ä¢¹½ÊÓƵDT erred in finding that his application was not receivable ratione personae. Ä¢¹½ÊÓƵAT concluded that at the time of the contested non-selection decision, the Appellant had been separated from service for more than a year and was no longer a staff member. He was an external candidate with no standing to challenge the decision not to select him for the new position of Resettlement Associate, as the decision was not affecting his former terms of appointment. Moreover, there was no offer of...

The Ä¢¹½ÊÓƵAT concluded that as a long-serving member of the Secretariat, Mr. Guenfoudi was aware of the required standards of performance for his function as a Verbatim Translator. The Ä¢¹½ÊÓƵAT also held that he had been given a fair opportunity to address his performance shortcomings, but he refused to participate in the two performance improvement plans. The Ä¢¹½ÊÓƵAT found that the Organization¡¯s legal framework was clear that termination was a foreseeable action following two consecutive years of substandard performance ratings. The Ä¢¹½ÊÓƵAT also found that Mr. Guenfoudi¡¯s allegations that his...

The Ä¢¹½ÊÓƵAT held that the factual and legal issues arising from this appeal have already been clearly defined by the parties and there is no need for further clarification through an oral hearing.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT did not commit any errors when it found that the staff member¡¯s application was irreceivable ratione materiae.

The Ä¢¹½ÊÓƵAT noted that the Ä¢¹½ÊÓƵDT had correctly held that the staff member had knowledge of the alleged constructive dismissal on either the date that he reiterated his resignation, or at the latest when Ä¢¹½ÊÓƵICEF accepted his resignation. His request for management...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had not erred in holding that there had been clear and convincing evidence that the staff member harassed other staff members over a substantial period of time, and that this behaviour constituted serious misconduct. The Ä¢¹½ÊÓƵAT affirmed that there was clear and convincing evidence to support the seven allegations that Ms. Iram used abusive language, made insulting remarks, shouted and bullied individuals, engaged in inappropriate touching, and made unwelcome contacts with individuals at their homes after working hours. The Ä¢¹½ÊÓƵAT found that the staff member¡¯s due...

Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing and held that it would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the Ä¢¹½ÊÓƵAT Rules of Procedure. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in striking the evidence filed with the Appellant¡¯s closing submissions or in refusing to hear the Appellant¡¯s supervisors as witnesses. Ä¢¹½ÊÓƵAT held that there was clear and convincing evidence that the Appellant used the Ä¢¹½ÊÓƵHCR VAT exemption card and credit card for his personal use and that the disciplinary measure was proportionate to the nature and gravity of...

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT did not err in law or fact or exceed its jurisdiction and it dismissed the Secretary-General's appeal. The Ä¢¹½ÊÓƵAT found that the Administration had been made aware of the disharmonious working conditions within the Regional Office for Europe and had failed to take timely action. By exposing Mr. Cahn to harmful working conditions for a considerable amount of time (several months), the Administration failed in its duty of care vis-¨¤-vis Mr. Cahn to timely implement preventive or interim measures and thus prevent any possible harm to his health, irrespective of whether...

Mr. Mousa appealed. As regards Mr. Mousa¡¯s request for an oral hearing, the Ä¢¹½ÊÓƵAT held that he did not provide a compelling reason why an oral hearing should be granted in this appeal. As the case deals with the issue of receivability ratione materiae, an oral hearing is not necessary and would not ¡°assist in the expeditious and fair disposal of the case¡± within the meaning of Article 18(1) of the Ä¢¹½ÊÓƵAT¡¯s Rules of Procedure. The Ä¢¹½ÊÓƵAT also found that Mr. Mousa¡¯s appeal did not refer to any of the grounds of appeal mentioned in Article 2(1) of the Ä¢¹½ÊÓƵAT Statute. The only submission regarding the...