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The application is denied.

The allegations that the Applicant improperly used his Ä¢¹½ÊÓƵDP-issued laptop to access websites that contained pornography and other sexually explicit material and advertised escort services, has been established by clear and convincing evidence based on the investigations forensic report of his computer, the Applicant's partial admittance and several contradictions.There is also clear and convincing evidence that the Applicant engaged in three instances of unauthorised outside activities by being the Director and major shareholder of a company, and engaging in other business ventures in...

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...

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...

The Secretary-General appealed.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT erred in law and fact and reached a manifestly unreasonable decision by concluding that Mr. Hossain had proved on a balance of probabilities that the administrative decision not to renew his fixed-term appointment had been motivated by improper motives and he had been discriminated against. The reasons proffered by the Administration for not renewing Mr. Hossain¡¯s fixed-term appointment, namely the abolition of his post in the context of a reorganization exercise, were valid reasons.

The Ä¢¹½ÊÓƵAT further held that contrary to what Mr...

There is sufficient documentary evidence on record showing that the Applicant was properly made aware of the performance shortcomings he needed to address and improve. He was placed on a PIP that was structured and designed specifically for him, and he was provided with adequate support and guidance to improve.

Having identified, documented, and addressed the Applicant¡¯s performance shortcomings through the applicable rules, the decision not to renew his FTA based on unsatisfactory service, taken after the Applicant was found not to have improved his performance despite being given the...

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...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General against Judgment No. Ä¢¹½ÊÓƵDT/2021/032. It also considered a cross-appeal by Ms. Hilaire-Madsen claiming that the Ä¢¹½ÊÓƵDT should have rescinded the Administration¡¯s non-renewal decision and awarded her alternative compensation as well as compensation for moral damages.

As regards the lawfulness of the non-renewal decision, Ä¢¹½ÊÓƵAT held that under the specific circumstances, at the material time of the contested non-renewal decision at the end of December 2018, from the point of view of a fair-minded objective observer, with the information available at...

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...

Whether the Applicant was promised a renewal

The general verbal statement made by the CITO/ASG did not constitute an express promise to renew the Applicant¡¯s fixed-term appointment. It lacked the essential elements of a proper and concrete offer of renewal, such as the duration of the extension and the name of the appointee. The jurisprudence further requires a promise to renew a fixed-term appointment to be in writing.

There is no evidence of a firm commitment to renew the Applicant¡¯s fixed-term appointment. While the Applicant sought to rely on the CITO/ASG¡¯s verbal statements in March...