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The Ä¢¹½ÊÓƵAT held that there was a clear disjunct in the Ä¢¹½ÊÓƵDT¡¯s decision to grant Mr. Nair¡¯s application only in relation to the disciplinary measures (but not the administrative measures), and at the same time, rescinding the actual disciplinary decision. The Ä¢¹½ÊÓƵAT noted the confusion presented by Ä¢¹½ÊÓƵDT¡¯s finding that ¡°no misconduct occurred at all¡±, while at the same time accepting that Mr. Nair had ¡°repeatedly reacted and used hostile language¡± which justified, in the Ä¢¹½ÊÓƵDT¡¯s view, the imposition of administrative measures. The Ä¢¹½ÊÓƵAT held that the administrative measures under Staff Rule 10.2(b)...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not commit an error of procedure in its case management that affected the outcome of the case. The Appellant had a meaningful opportunity to mount a defense and to question the veracity of the statements against him. The additional witnesses that he wished to call would have been of little assistance to his case.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly concluded that the alleged conduct was established by clear and convincing evidence and that the Appellant¡¯s actions, i.e., making inappropriate comments of a sexual nature in social settings, amounted to sexual...

The Ä¢¹½ÊÓƵAT observed that neither party had raised whether AAQ¡¯s application was receivable before the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵAT nonetheless held that because this was a jurisdictional question, it was obliged to raise the issue itself. The Ä¢¹½ÊÓƵAT noted that pursuant to Article 2(1)(a) of the Ä¢¹½ÊÓƵDT Statute, the staff member was obliged to identify an administrative decision that was alleged to be in non-compliance with the terms of appointment or contract of employment. Further, pursuant to established case law, the administrative decision must have both a direct and adverse effect on the employment of the...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT committed an error of procedure such that it affected the outcome of the case in not holding an oral hearing and relying significantly on the OAIS investigation report to corroborate the truth of the events alleged by the Complainant, when there was no direct witnesses to the alleged misconduct and all the witnesses relied upon by the OAIS investigators obtained their evidence and information from the Complainant. As such, the Ä¢¹½ÊÓƵAT concluded that their evidence was hearsay evidence and that the prejudice to the Appellant in admitting and relying upon this evidence...

The undisputed facts are unambiguous and leave little room for different interpretations. An apology does not invalidate or undo the misconduct. The fact that the Applicant was not made aware of the negative impact of her practice has no relevance for the factual determination. As such, the Administration has established the facts underlying the disciplinary measure in question by preponderance of evidence.

The Applicant using expletives towards her subordinates and widely addressing her colleagues by nicknames in the workplace were compounded by her ignoring personal and professional...

The Respondent failed to secure the attendance of two victims at the remanded hearing. Four witnesses testified before the Tribunal, including only one victim. None of their testimonies corroborates the charges as laid. On the contrary, they are exculpatory in so far as all three witnesses testify that they did not see the Applicant doing anything improper at the event in question. Accordingly, there is no effective response to the concerns that formed the basis for the Appeals Tribunals¡¯ decision to remand the case for a fresh hearing.

Neither the allegations memorandum nor the sanction...

Mr. Nastase appealed the Ä¢¹½ÊÓƵDT Judgment.

The Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT's finding that it had not been established by evidence that the administrative decision to close his complaint was actuated by bias against him and was therefore unlawful.

The Ä¢¹½ÊÓƵAT dismissed Mr. Nastase's contention that the Ä¢¹½ÊÓƵDT erred in finding that the fact that in 2019, Mr. Nastase had filed a complaint against the CIOS alleging misconduct was unrelated to his performance issues. The Ä¢¹½ÊÓƵAT found that because these events were not part of his complaint of harassment and abuse of authority in relation to his performance...

As a preliminary matter, the Ä¢¹½ÊÓƵAT granted AAM¡¯s request for anonymity. Considering that the Judgment set out medical details regarding AAM, the Ä¢¹½ÊÓƵAT found it necessary to protect his confidential information.

The Ä¢¹½ÊÓƵAT found that there were four issues for adjudication on appeal: 1) whether AAM¡¯s appeal was moot/premature in light of a pending medical determination; 2) whether the Ä¢¹½ÊÓƵDT erred in finding that the Controller had the delegated authority to deny AAM¡¯s claim for compensation under Appendix D; 3) whether the Ä¢¹½ÊÓƵDT erred in finding that the decision of the Controller was reasonable...

Ms. Larriera filed an appeal.

Ä¢¹½ÊÓƵAT first examined whether Ms. Larriera was entitled to file a claim under Appendix D. Ä¢¹½ÊÓƵAT found that ¨C unlike the Pension case - for the purpose of the Staff Regulations and Rules, the law of Brazil, Mr. M¡¯s national state, was to be the law determining his marital or domestic partnership status as at the date of his death for Appendix D purposes. That status, as determined subsequently by a Brazilian court of competent jurisdiction, was that Mr. M and Ms. Larriera were, as at the date of his death (and despite his still extant French marriage to Ms. M) in...

The issue in this case is whether EG and SEG consist of two independent benefits that can be granted in combination.

Pursuant to sec. 6.1(a) of ST/AI/2018/2/Amend.1, the overall maximum amount of SEG shall be equal to the upper limit of the top bracket of the global sliding scale applicable to the education grant scheme. The law does not allow an interpretation where EG and SEG can be ¡°stacked¡±.

Indeed, the difference between EG and SEG is in the percentages of reimbursement that eligible staff members are entitled to receive. This difference in reimbursement percentage addresses the...