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The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT properly exercised its discretion in excluding the former staff member¡¯s allegations of racism within the CAF and his claim that his counsel was treated unfairly during the Ä¢¹½ÊÓƵDT hearing, as well as in denying his request to call the investigator to testify. Nevertheless, the Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵDT erred in finding that the facts underlying the alleged misconduct had been proven by clear and convincing evidence, particularly in its assessment of the credibility of the witnesses.

Regarding V01¡¯s allegations, the Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT improperly explained away...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly found that the contested decision was lawful. It concluded that the preliminary assessment of the former staff member¡¯s complaint revealed no sufficient grounds to indicate that his FRO¡¯s alleged unsatisfactory conduct could amount to misconduct, and, as a result, there was no likelihood that an investigation would reveal sufficient evidence to further pursue the matter as a disciplinary case.

The Ä¢¹½ÊÓƵAT also found that the Ä¢¹½ÊÓƵDT correctly identified the decision subject to judicial review and properly considered and rejected, as a preliminary matter, Mr...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly applied the judicial review tests under Article 2(1)(b) of its Statute. It found that the facts of misconduct were established by clear and convincing evidence, including direct testimony from refugees, corroborating documentary evidence, and hearsay, and that the former staff member had solicited bribes from refugees on multiple occasions between 2010 and 2019 in exchange for assistance with resettlement and other Ä¢¹½ÊÓƵHCR services. It held that the established facts legally amounted to serious misconduct and that the sanction of dismissal was proportionate...

The Ä¢¹½ÊÓƵAT determined that it had been demonstrated by clear and convincing evidence that the former staff member committed serious misconduct by: i) failing to return to the United Nations Federal Credit Union (Ä¢¹½ÊÓƵFCU) funds of USD 587,428.65 that were erroneously credited to her account and to which she was not entitled; ii) failing to comply with a judgment issued by the High Court of Zambia (High Court Judgment), which ordered her to return the aforementioned funds to Ä¢¹½ÊÓƵFCU; and iii) submitting false documentation and/or misrepresenting facts during the investigation conducted by the Office...

The Ä¢¹½ÊÓƵAT held that the former staff member¡¯s challenge to the ALWP decision and the New York position decision was not receivable, as she had not sought management evaluation of those decisions.

Regarding the disciplinary measure, the Ä¢¹½ÊÓƵAT determined that her statements and social media posts constituted unauthorized outside activities amounting to misconduct. It noted that she issued statements, posted articles, and gave interviews without prior authorization, despite repeated warnings. It held that her social media engagements referenced international humanitarian assistance, humanitarian...

The Ä¢¹½ÊÓƵAT found that Mr. Slayyeh did not file a proper appeal of the impugned Judgment but rather was bringing a new claim for compensation that had not been submitted to the Dispute Tribunal. The Ä¢¹½ÊÓƵAT held that he could not introduce on appeal an issue not previously presented to the first instance tribunal as it is a violation of the due process rights of the other party and does not comply with the two-tier system of administration of justice.

The Ä¢¹½ÊÓƵAT found that the remedies available under Article 10(5) of the Ä¢¹½ÊÓƵRWA DT Statute allow the Ä¢¹½ÊÓƵRWA DT to rescind the contested decision or order...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that the former staff member¡¯s application was not receivable ratione materiae because he did not attempt to resolve the dispute through the office of the United Nations Funds and Programmes Ombudsman, as explicitly required by the Settlement Agreement to which he had expressly agreed. The Ä¢¹½ÊÓƵAT found that the terms of the Settlement Agreement remained binding and enforceable on the parties, and that the Ä¢¹½ÊÓƵDT committed no error in holding the parties to its terms.

The Ä¢¹½ÊÓƵAT further found that the Ä¢¹½ÊÓƵDT did not err in determining that the...

The Ä¢¹½ÊÓƵAT held that the Fund reasonably chose a 30-year timeframe for its statistical analysis to determine whether there were ¡°aberrant results¡± in terms of pensions received by beneficiaries who had chosen Slovakia as their country of residence. Similarly, the Ä¢¹½ÊÓƵAT held that the conclusions drawn by the Fund from the analysis were properly reached, highlighting that the graph showed a wide disparity between resident beneficiaries who separated from 1993 to 2007 and those who separated afterwards, a disparity solely due to differences in separation dates.

The Ä¢¹½ÊÓƵAT found that the suspension...

The Ä¢¹½ÊÓƵAT noted that the staff member had applied for vacancies of different posts, at different times, with different selection processes, and had not been selected for different reasons. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had correctly decided that each of these decisions was separate and there was no evidence that they were related. The Ä¢¹½ÊÓƵAT held that she had not met her burden of showing that the impugned Judgment was defective.

The Ä¢¹½ÊÓƵAT held that the application in respect of the post in Pretoria was clearly out of time and in respect of the post in Nairobi premature and, as such, not receivable...

The Ä¢¹½ÊÓƵAT noted that the health insurance premiums imposed by the UPU in 2023 differed according to factors such as age, retirement status and country of residence.

The Ä¢¹½ÊÓƵAT held that there was no support for the appellants' contention regarding the principle of solidarity used in the Swiss social security law, as for several years such principle had no longer been applied by the UPU.

The Ä¢¹½ÊÓƵAT determined that the rate of the UPU¡¯s contribution did not differ between the various age groups and there was no evidence that the premium increases were inconsistent with the costs the insurance provider...