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The Ä¢¹½ÊÓƵAT held that, since Mr. Nigam based his interlocutory appeal on alleged errors of fact and law by the Ä¢¹½ÊÓƵDT Judge President, with no allegation of the Ä¢¹½ÊÓƵDT acting extra-jurisdictionally or similarly in excess of its jurisdiction, he must wait to exercise his right of appeal until a final decision has been made.

The Ä¢¹½ÊÓƵAT concluded that an earlier Ä¢¹½ÊÓƵDT Judgment contained neither any indication of bias by Judge Belle against Mr. Nigam, nor any criticism beyond what a reasonably informed observer might expect from a partly erroneous judgment and its subsequent appellate review.

The Ä¢¹½ÊÓƵAT...

The Tribunal found that the Applicant had not proved that he suffered any direct adverse effect on account of the contested decision. The contested decision is therefore not an administrative decision within the meaning of art. 2(1) of the Dispute Tribunal¡¯s Statute.

The Tribunal finds that the application is not receivable ratione materiae because the Applicant, by his own admission, failed to request management evaluation of the contested decisions.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT erred in consolidating the seven cases. The consolidated cases involved unique administrative decisions, and those decisions involved neither a common administrative policy nor a common set of facts. The nature of the misconduct attributed to the staff members was not similar among the cases. The cases concerned staff from different Ä¢¹½ÊÓƵRWA field offices. The disciplinary measures taken were not identical among the cases, but included a wide range of penalties. The standards of proof for the misconduct alleged in case varied.

The Ä¢¹½ÊÓƵAT disagreed with the...

The Ä¢¹½ÊÓƵAT held that Mr. Safi failed to discharge his burden in identifying in what respect and for what reasons the Ä¢¹½ÊÓƵRWA DT erred in its Judgment. Mr. Safi merely reiterated the same arguments that he had presented in his application to the Ä¢¹½ÊÓƵRWA DT. The Ä¢¹½ÊÓƵAT stated that it is not its role to reexamine the staff member¡¯s case anew, and accordingly, his appeal must fail. The Ä¢¹½ÊÓƵAT also observed that the Ä¢¹½ÊÓƵRWA DT drew reasonable inferences from its extensive fact-finding exercise and delivered a well-reasoned judgment.

The appeal was dismissed, and Judgment No. Ä¢¹½ÊÓƵRWA/DT/2023/011 was...

The Ä¢¹½ÊÓƵAT specified that the sole issue was whether the applicant, a former staff member, had presented a new and decisive fact that was unknown to him and the Appeals Tribunal when the prior Ä¢¹½ÊÓƵAT Judgment was decided, and that this fact would have materially impacted the outcome of that Judgment.

The Ä¢¹½ÊÓƵAT reviewed the documents submitted by the former staff member and concluded that they were all known to him prior to the issuance of the Ä¢¹½ÊÓƵAT Judgment. The former staff member essentially repeated or added to the same arguments he made in his original appeal, and the Ä¢¹½ÊÓƵAT had already...

The Ä¢¹½ÊÓƵAT first observed that the staff member dedicated parts of his appeal brief to challenging the findings of fact in an earlier Ä¢¹½ÊÓƵDT judgment concerning his disciplinary case. The Ä¢¹½ÊÓƵAT held that he was estopped from doing so because he did not appeal this earlier Ä¢¹½ÊÓƵDT judgment.

The Ä¢¹½ÊÓƵAT was satisfied that when the Ä¢¹½ÊÓƵDT reviewed the disciplinary sanction imposed, the Ä¢¹½ÊÓƵDT properly considered previous cases involving comparable misconduct, as well as aggravating and mitigating factors. The mitigating factors raised by the staff member were considered by the Administration, but they simply...

The Ä¢¹½ÊÓƵAT noted that the Ä¢¹½ÊÓƵRWA DT had ordered each party to nominate a psychiatrist, who in turn were to designate a third psychiatrist to review whether the staff member¡¯s mental condition at the time he committed the burglary, sentencing for which had been the grounds for his separation in the interest of the Agency.The Commissioner-General failed to comply with this instruction, without explanation, thereby leaving the Ä¢¹½ÊÓƵRWA DT with no medical information about AAW's condition at the time of the burglary.

The Ä¢¹½ÊÓƵAT found that the Commissioner-General had clearly and manifestly abused the...

The Ä¢¹½ÊÓƵAT noted that the reclassification request was made by Ä¢¹½ÊÓƵIFIL and not by the staff member.

The Ä¢¹½ÊÓƵAT held that although extensive delays occurred before the request for reclassification was determined by the Administration, no final reclassification decision had been taken at the time the application was filed to the Ä¢¹½ÊÓƵDT by the staff member. Accordingly, since no decision had been made yet, she could not have experienced a direct adverse effect on the terms of her appointment. The fact that there were delays in the reclassification decision does not change the analysis. It is a...

The Ä¢¹½ÊÓƵAT noted that the Ä¢¹½ÊÓƵDT had appropriately relied on the clear and convincing evidence to conclude that the staff member had submitted a medical insurance claim to Cigna for medical services that had never been provided.

The Ä¢¹½ÊÓƵAT held that the evidence established that it was highly probable that the staff member had made the misrepresentation to Cigna with the intent to deceive and that his actions had been potentially prejudicial to the Ä¢¹½ÊÓƵDP which was subject to any loss from undue reimbursements.

The Ä¢¹½ÊÓƵAT found that the staff member¡¯s certification to Cigna of the correctness of the...