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The Ä¢¹½ÊÓƵAT considered an appeal by the staff member.

The Ä¢¹½ÊÓƵAT found that because of a combination of the staff member¡¯s failure to recall the events in question and of the Ä¢¹½ÊÓƵDT¡¯s decision (concurred in by the parties) not to hold an in-person hearing, the Ä¢¹½ÊÓƵDT had appropriately referred to the investigation report.

The Ä¢¹½ÊÓƵAT was of the view that the Ä¢¹½ÊÓƵDT had correctly determined the staff member¡¯s acts were sexual in nature. The staff member had, without invitation, encouragement or consent, embraced two different women in a sexual manner at a party at a staff retreat. The Ä¢¹½ÊÓƵAT held that the...

AAF appealed.

The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the Secretary-General had not committed any procedural errors which would have render the contested decision unlawful.

The Ä¢¹½ÊÓƵAT held that the shortcomings under Section 2.2 of ST/SGB/2019/3 could only be regarded as substantial procedural irregularities (rendering the refusal to implement flexible working arrangements unlawful) if the lack of providing such reasoning had impacted the staff member¡¯s due process rights, namely his or her possibility of challenging the administrative decision before the Ä¢¹½ÊÓƵDT. As the Secretary-General had...

Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the first two claims should be dismissed. The Appellant did not provide sufficient evidence showing that her candidacy was not given full and fair consideration. Regarding the generalized complaint of harassment, Ä¢¹½ÊÓƵAT agreed that the application on this question was not receivable.

However, in regards to the finding that the Administration abused its authority in mishandling the Appellant¡¯s sexual harassment complaint, Ä¢¹½ÊÓƵAT held that there was an error in procedure. The Appellant made a motion to admit additional evidence, and the Ä¢¹½ÊÓƵDT made no ruling on this...

The Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵDT erred in considering that the different periods of ALWOP on which Mr. Okwakol was placed, were the subject of a single and continuing administrative decision. The Ä¢¹½ÊÓƵAT held that each of the three identifiable periods was the subject of consideration or reconsideration of the circumstances at that time. On each occasion, the Organisation took a decision about the state of the misconduct investigation and its ongoing nature and advised Mr. Okwakol accordingly. It was not decisive or even material that the renewals of the ALWOP were referred to as extensions of...

The Ä¢¹½ÊÓƵAT first dismissed Mr. Okwakol¡¯s appeal of the Ä¢¹½ÊÓƵDT Order, finding that Mr. Okwakol¡¯s complaints about what the Ä¢¹½ÊÓƵDT decided it would admit into evidence and what submissions it would consider in deciding his substantive case, were remediable as part of his appeal on the merits if they were wrongly decided.

The Ä¢¹½ÊÓƵAT agreed that the Ä¢¹½ÊÓƵDT was correct to admit the audio-recording made by the SEA victim because this evidentiary material was relied upon by the Administration in taking the decision to impose the disciplinary measure of separation from service. The audio-recording needed to...

Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵDT¡¯s conclusion that the Administration¡¯s decision not to set up a fact-finding investigation panel against Mr. Yavuz¡¯s FRO and SRO was lawful, as the incidents described in Mr. Yavuz¡¯s complaint did not provide sufficient grounds they had engaged in prohibited conduct (harassment, abuse of authority) but fell in the realm of workplace disagreements. Ä¢¹½ÊÓƵAT found that Mr. Yavuz did not show that the incidents mentioned in his complaint with regard to the conduct of his FRO and SRO were in any way motivated by any of the characteristics or traits (or similar) listed in Section 1...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT judgment was problematic because the Ä¢¹½ÊÓƵDT's findings seemed to be based entirely on hearsay evidence, i.e., the findings in the OIOS investigation report. The Ä¢¹½ÊÓƵAT observed that the Ä¢¹½ÊÓƵDT judgment failed to explain the evidentiary basis of its conclusion that sexual harassment was highly probable, and made no explicit or precise findings in relation to the evidence given under oath at the hearing. The failure of the Ä¢¹½ÊÓƵDT to make findings about the testimony it heard made the appeal well-nigh impossible. The Ä¢¹½ÊÓƵAT noted that there was no transcript of the hearing, and...

The Ä¢¹½ÊÓƵAT first dismissed as not receivable Mr. Loto¡¯s appeal of the Ä¢¹½ÊÓƵDT¡¯s Order denying his motion to strike an audio-recording and certain pleadings submitted by the Secretary-General. The Ä¢¹½ÊÓƵAT held that these matters could be addressed in Mr. Loto¡¯s appeal of the judgment on the merits of his application.

The Ä¢¹½ÊÓƵAT was satisfied that the Ä¢¹½ÊÓƵDT correctly admitted the audio-recording of the meeting between the alleged victim, Mr. Loto and others, as the recording assisted in resolving any evidential conflict about what transpired at this meeting, in which payment to the victim was discussed...

The Tribunal found that it was not unreasonable nor unlawful to require the Applicant to work from the office for two days per week. The Administration, therefore, properly exercised its discretion in declining the Applicant¡¯s request to work from home for the entire work week. The Tribunal took note that the Applicant had been able to work remotely on a full-time basis from March 2020 to December 2022 and that there was an operational need for the Applicant to return to work. The Director reasonably, weighed this operational fact against allowing the Applicant to telecommute for the entire...