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As a first preliminary matter, Ä¢¹½ÊÓƵAT considered a motion requesting confidentiality in which the Appellant sought to limit the disclosure of personal information relating to her citizenship and immigration status. Ä¢¹½ÊÓƵAT held that the personal data was not pertinent to the case, disclosure of the information would not have taken place without the Appellant¡¯s own motions and Ä¢¹½ÊÓƵAT would not have asked her to disclose such information. Ä¢¹½ÊÓƵAT denied the motion. As a second preliminary matter, Ä¢¹½ÊÓƵAT considered a motion to respond to the Respondent¡¯s observations on a motion. Ä¢¹½ÊÓƵAT held that its RoP did...

Ä¢¹½ÊÓƵAT held that there was no difficulty in principle regarding the admissibility of the secretly recorded conversation based on the way it was procured, even though it may have involved an element of entrapment; however, Ä¢¹½ÊÓƵAT was concerned that the probative value of the evidence depended upon the credibility of a person who did not testify before the Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT noted that the content of the contemporaneous emails which supported the transcript of the telephone conversation remained hearsay unless it was confirmed by the authors or recipients of the emails and that none of the authors or...

Ä¢¹½ÊÓƵAT held that the ISA JAB decision was correct in its finding that the appeal was receivable and not time-barred. However, Ä¢¹½ÊÓƵAT held that the Special Agreement and the resulting Staff Rules did not comply with the Ä¢¹½ÊÓƵAT Statute, which required a neutral first instance process, and that, accordingly, Ä¢¹½ÊÓƵAT was unable to exercise its jurisdiction as a second level tribunal. Ä¢¹½ÊÓƵAT remanded the matter to the JAB to ensure compliance with the jurisdictional requirements of the Special Agreement and Article 2(10) of the Ä¢¹½ÊÓƵAT Statute, specifying that the Appellant¡¯s appeal should be reconsidered and...

Ä¢¹½ÊÓƵAT held that while there may have been an error in the misfiling of the Appellant¡¯s rebuttal, this did not result in procedural unfairness that affected the decision. Ä¢¹½ÊÓƵAT held that there was no procedural unfairness to the Appellant as she had had the opportunity to file for leave to respond before Ä¢¹½ÊÓƵDT and she did not do so and that in any case, this did not affect the ultimate decision on receivability. Ä¢¹½ÊÓƵAT noted that only the Secretary-General, of which the Management Evaluation Unit forms part, has the authority to extend or waive the time limits for management evaluation and the...

Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate that the Ä¢¹½ÊÓƵDT judgment was defective or that the Ä¢¹½ÊÓƵDT erred in considering that the selected candidate met the minimum educational requirements and the work experience required for the job. Emphasizing the broad discretion of the Secretary-General and that it was not the role of Ä¢¹½ÊÓƵDT to substitute its own decision for that of the Secretary-General, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was not manifestly unreasonable in deciding that the recommendation approved by the Secretary-General was based on an entire process and the experience of the candidates. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT considered an appeal by Mr. Kennedy. Ä¢¹½ÊÓƵAT found that the sanction letter and record provided inadequate reasons for judicial review leading to the finding that no rational connection or relationship between the evidence and the objective of the disciplinary action has been established. As a result, Ä¢¹½ÊÓƵAT was unable to assess the proportionality and lawfulness of the imposition of the disciplinary sanctions.

Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General and a cross-appeal by Ms. Kaddoura. Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵRWA DT Judgment in part. It only vacated the referral of the former Commissioner-General for accountability, finding that it was not adequate to rely on hearsay to refer a former staff member, be it the former Commissioner-General or any other, to accountability. Ä¢¹½ÊÓƵAT further held that there was no possibility of imposing a disciplinary measure on a former staff member, and as such any such referral would be ineffectual.

Ä¢¹½ÊÓƵAT considered an appeal by Mr. Mezyed. As a preliminary matter, Ä¢¹½ÊÓƵAT denied Mr. Mezyed¡¯s request for an oral hearing. Turning to the merits of the appeal, Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT had applied correctly the first four conditions in Area Staff Rule 109.4 precedent to possible severance from service for abandonment of post. As to the fifth condition, Mr. Mezyed¡¯s failure to submit an acceptable written explanation for his failure to report, Ä¢¹½ÊÓƵAT found that the Agency had failed to properly address the grounds advanced by Mr. Mezyed for his non-return, and as such, the Ä¢¹½ÊÓƵRWA DT could not...

This case was presided by Judge Halfeld, and Judge Murphy drafted the majority opinion. The Majority (Halfeld, Murphy, Raikos and Knierim) dismissed the appeal and held that the appeal was not receivable. Without deciding on the issue whether the Ä¢¹½ÊÓƵDT has an inherent right to hold a non-party in contempt, the Majority found that the appeal did not meet the requirements of the Ä¢¹½ÊÓƵAT Statute. The Majority explained that it had jurisdiction ratione materiae to hear and pass judgment on an appeal pursuant to Article 2(1) of the Statute in which it is asserted that the Ä¢¹½ÊÓƵDT has: (a) exceeded its...

The Appeals Tribunal found that Mr. Karkara failed to show that the Ä¢¹½ÊÓƵDT¡¯s assessment of the evidence had resulted in a manifestly unreasonable decision. It also found that the Ä¢¹½ÊÓƵDT did not make any errors with regard to the admissibility of witnesses. The Ä¢¹½ÊÓƵAT further found that the Ä¢¹½ÊÓƵDT did not commit any procedural error, and Mr. Karkara¡¯s allegations of procedural irregularities did not put the Ä¢¹½ÊÓƵDT¡¯s findings into doubt. Accordingly, the Ä¢¹½ÊÓƵAT agreed that there was clear and convincing evidence of sexual abuse and exploitation by Mr. Karkara. The Ä¢¹½ÊÓƵAT also held that the sanction of...