002 (NBI/2025), KC
- Appealed
Mr. Okwir appealed. Ä¢¹½ÊÓÆµAT found that the Ä¢¹½ÊÓÆµDT correctly held that the OiC/OIOS had the authority to take the decision not to investigate Mr. Okwir¡¯s allegations. As Section 4.3 of ST/SGB/2019/2 provides that all subdelegations issued by the predecessor shall remain valid unless otherwise withdrawn or modified by the successor, the Ä¢¹½ÊÓÆµDT concluded that the mere fact that the new USG/OIOS began her term did not make subdelegations by the predecessor invalid. Ä¢¹½ÊÓÆµAT concluded that on 25 October 2019, both the ASG/OIOS and the newly appointed USG/OIOS were competent to make the decision. The new USG...
Ä¢¹½ÊÓÆµAT rejected the Secretary-General¡¯s interlocutory appeal against the Ä¢¹½ÊÓÆµDT order as not receivable, finding that Ä¢¹½ÊÓÆµDT had discretionary authority in case management and the production of evidence in the interest of justice. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT had decided on a measure of inquiry, the necessity of which it had sole authority to assess. Ä¢¹½ÊÓÆµAT held that it was not in the interest of the internal system of justice to consider an appeal against a simple measure of inquiry.
Ä¢¹½ÊÓÆµAT held that the Ä¢¹½ÊÓÆµDT judge had sufficient grounds to order the production of the documents withheld by the Administration concerning the selection process that led to the contested administrative decision. Ä¢¹½ÊÓÆµAT stated the principle that Ä¢¹½ÊÓÆµDT has the right to order the production of any document relevant for the purposes of the fair and expeditious disposal of its proceedings. If the Administration opposes Ä¢¹½ÊÓÆµDT¡¯s order to produce a certain document in its possession, it may, with sufficiently specific and justified reasons, request Ä¢¹½ÊÓÆµDT to verify the confidentiality of the document in...
The Appellant requested that the Ä¢¹½ÊÓÆµDT judgment be set aside and that the case be remanded to Ä¢¹½ÊÓÆµDT for a hearing de novo before a different judge. Ä¢¹½ÊÓÆµAT agreed with the Appellant¡¯s submission that the relevant statute or rules of procedure do not prohibit an applicant from providing testimony and serving as a witness in their own case. Ä¢¹½ÊÓÆµAT noted that, while Ä¢¹½ÊÓÆµDT was required to administer the declaration prescribed in Article 17(3) of the Ä¢¹½ÊÓÆµDT RoP, Ä¢¹½ÊÓÆµDT¡¯s failure to do so was not an error serious enough so as to affect the decision of the case. Conversely, Ä¢¹½ÊÓÆµAT found that Ä¢¹½ÊÓÆµDT¡¯s refusal to...
Nature of misconduct charges: Although technically not criminal charges, a misconduct charge may carry overtones of criminal proceedings, where rights attendant to a fair trial attach. Equality of arms: equality of arms may be seen to be an indivisible element of a fair trial, requiring that a fair balance exist between parties involved in litigation. The principle warrants the assurance that each party to a dispute be able to prepare and present his or her case fully and adequately before the court.Outcome: The Tribunal found that the conditions of access proposed by the Respondent would...
The Tribunal found that the Applicant was not entitled to any compensation for loss of earning and benefits because the case corned the Ethics Office¡¯s decision that the Applicant had not been retaliated against and not the circumstances regarding his separation from Ä¢¹½ÊÓÆµDP. As for non-pecuniary damages, the Tribunal found that it was difficult to envisage a worse case of insensitive, high-handed and arbitrary treatment in breach of the fundamental principles of the Universal Declaration of Human Rights, including Articles. 1, 3, 6, 7, 8 and 9. Furthermore, the Tribunal found that the failures...