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The Ä¢¹½ÊÓƵAT expressed serious concern about the lack of a sufficient record of reasons supporting the choice of the selected candidate over the staff member at the time of the contested decision.

The Ä¢¹½ÊÓƵAT found that gender and geographical considerations were unevenly applied in the selection exercise, positively assessing the British male while ignoring or discounting that the staff member was an Indian female. Contrary to Staff Regulation 4.4, in which the fullest regard should be given to internal candidates, the Ä¢¹½ÊÓƵAT found that her Ä¢¹½ÊÓƵ experience was used to disadvantage her. The Ä¢¹½ÊÓƵAT also...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT did not err in finding that there was clear and convincing evidence to support that the applicant had engaged in abuse of authority by intimidating a staff member to file a false complaint of sexual harassment against another staff member. The Ä¢¹½ÊÓƵRWA DT weighed the conflicting testimonies and assessed the credibility of the witnesses and found that she had a motive to solicit the false complaint.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT did not err in declining to review the other misconduct allegations against her, given that the abuse of authority allegation was the...

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT had correctly assessed the Agency¡¯s application of the experience level requirements applicable to the Appellants. Specifically, regarding the teachers contesting their classification at Grade 9, the Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵRWA DT¡¯s review of the Area Staff Post Description, which required five years of teaching experience at Grade 9 for classification at Grade 10.As the Appellants classified at Grade 9 did not meet this requirement, the Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT had correctly concluded that they were appropriately classified at Grade 9.

The Ä¢¹½ÊÓƵAT further...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT acted correctly by conducting a judicial review of the case.

It found that the Ä¢¹½ÊÓƵDT properly assessed the credibility of the witnesses who testified before it and correctly relied on the credible testimony of Ms. V, who had no motive to lie, to conclude that it had been established by clear and convincing evidence that the former staff member had sexually harassed her by making comments of a sexual nature in May and December 2020.While Ms. V¡¯s testimony alone would have been sufficient in this context, the Ä¢¹½ÊÓƵAT noted that it was corroborated by colleagues who were...

The Ä¢¹½ÊÓƵAT noted that the staff member had a medical condition requiring attention which impacted his ability to return to work, and he had consented to the Independent Medical Examination and had not challenged those records before the Ä¢¹½ÊÓƵDT nor on appeal.

The Ä¢¹½ÊÓƵAT held that even if ST/AI/2019/1 were applicable to Ä¢¹½ÊÓƵHCR staff members or taken as a model of just practice, it would not have rendered the Independent Medical Examination improper.

The Ä¢¹½ÊÓƵAT found no basis to overturn the Ä¢¹½ÊÓƵDT¡¯s determination that there had been no evidence of bias or conflict of interest in either the medical...

The Ä¢¹½ÊÓƵAT noted that the impugned Orders denying the staff member¡¯s requests for anonymity had been issued less than a month after the Ä¢¹½ÊÓƵDT had granted his motion for anonymity in another case.

The Ä¢¹½ÊÓƵAT found that the impugned Orders did not exist in isolation and the interaction of all these proceedings rendered the situation exceptional. The Ä¢¹½ÊÓƵAT held that denying him anonymity for his two applications alone would defeat the purpose of anonymity and, in the unique circumstances of these proceedings, this inconsistency was prejudicial to the integrity of the internal justice system. The Ä¢¹½ÊÓƵAT...

The Ä¢¹½ÊÓƵAT noted that the Ä¢¹½ÊÓƵDT¡¯s findings had been based on credible evidence when it determined that the staff member¡¯s son had contracted Covid-19; he had been treated under the supervision of her primary medical care provider; and payment had been made based on invoices from that provider reflecting the care he had provided.

The Ä¢¹½ÊÓƵAT was of the view that in light of the testimony of the staff member¡¯s witnesses, including herself and the medical professional who had treated her son, it had not been erroneous for the Ä¢¹½ÊÓƵDT to conclude that the Administration had failed to establish the medical...

The Ä¢¹½ÊÓƵAT noted that the staff member¡¯s transfer request had been approved by the West Bank Field Office but the Jordan Field Office had subsequently informed that the request could not be accommodated due to a commitment to the roadmap on hiring daily-paid workers in fixed-term posts.

The Ä¢¹½ÊÓƵAT held that the Commissioner-General had demonstrated the efforts made by both Field Offices to process the transfer request and the Agency¡¯s burden to show that the request had been given full and fair consideration was satisfied. The Ä¢¹½ÊÓƵAT found that the staff member had not discharged the burden of...

Regarding claim 1, the Tribunal held that based on the evidence on record, the Applicant did not provide any evidence that could prove any form of misconduct against the OIOS or Ä¢¹½ÊÓƵIFIL officials who handled his complaint. Accordingly, claim 1 was rejected.

For claim 2, the Tribunal noted that, upon his request, via emails dated 22 August 2024 and 31 October 2024, the OIOS provided the Applicant with an explanation for the closure of his Complaint without investigation. Therefore, claim 2 was found to be moot.

Claim 3 was found not receivable. The Tribunal held that the outcome of a management...

The Tribunal was satisfied that the Applicant had met all the requirements for a suspension of action by showing that the contested decision appeared prima facie to be unlawful, that this was a case of particular urgency, and that implementation of the decision would cause irreparable damage.