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The Ä¢¹½ÊÓƵAT held that the only issue on appeal was whether the Ä¢¹½ÊÓƵDT erred in finding the additional disciplinary sanction disproportionate and rescinding it. It emphasized that under Staff Rule 10.3(b), sanctions must be proportionate, but the Administration enjoys broad discretion in disciplinary matters, subject to judicial review for lawfulness, rationality, and proportionality.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT exceeded its authority by substituting its own opinion for that of the Secretary-General. It noted that the Administration had considered all relevant factors, including the seriousness of...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that the former staff member¡¯s change of title following a reclassification did not amount to an abolition or discontinuance of her post, rendering her termination of appointment unlawful.

The Ä¢¹½ÊÓƵAT also determined that the Ä¢¹½ÊÓƵDT did not err in awarding the former staff member compensation in lieu of two years¡¯ net base salary. In this regard, the Ä¢¹½ÊÓƵAT emphasized that the Ä¢¹½ÊÓƵDT correctly considered the fact that the former staff member¡¯s permanent appointment included a specific undertaking stating that she could only be terminated due to an...

The Ä¢¹½ÊÓƵAT observed that the Secretary-General elected to limit the scope of his appeal only against the findings of the Ä¢¹½ÊÓƵDT with respect to two of nine instances of alleged misconduct by the former staff member. The Ä¢¹½ÊÓƵAT further acknowledged that the Secretary-General¡¯s contention was that the Ä¢¹½ÊÓƵDT erred in law when it applied the legal tests for harassment and sexual harassment to the two incidents.

Nonetheless, the Ä¢¹½ÊÓƵAT held that to determine the issue on appeal required more than simply an application of the correct legal test. To reach any conclusions requires more than simply regard to...

The Ä¢¹½ÊÓƵAT held that the administrative decision concerning reimbursements to the staff member took effect in law on 7 May 2019, when he received the wire transfer from the Organization. The reasons for this reimbursement amount were discussed with him shortly before the wire transfer was made. Although explanations of the underlying calculations were repeated in subsequent email exchanges with the staff member, those repetitions were not additional or new administrative decisions that were open to challenge by the staff member, thereby resetting the statute of limitations.

The Ä¢¹½ÊÓƵAT found that...

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s application was not receivable, as he did not file a timely request for management evaluation of the contested decision.

The Ä¢¹½ÊÓƵAT observed that the staff member was notified of the contested decision on 9 November 2023. Accordingly, he had until 8 January 2024 to file his request for management evaluation, but instead filed it on 12 August 2024, more than 270 days after being notified of the contested decision. It further found that, even assuming that he was notified of the contested decision in February 2024, his request was still submitted well...

The Ä¢¹½ÊÓƵAT held that the Inspector General¡¯s Office (IGO) and the Administration failed to properly consider relevant factors brought to their attention during the investigation into the staff member's misconduct. Specifically, they did not considerate the medical context in which the established misconduct occurred, which could have been exculpatory for the staff member. The Ä¢¹½ÊÓƵAT found that they failed to investigate and appreciate the potential effects of the staff member's brain tumour and/or treatment on certain aspects of his interpersonal relations with other staff members.

The Ä¢¹½ÊÓƵAT held...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that ATR¡¯s claim for compensation as a victim of sexual harassment was not receivable because the contested administrative decision did not concern compensation and the applicable legal framework does not provide for such entitlement. The Ä¢¹½ÊÓƵAT noted that while Article 10(5)(b) of the Ä¢¹½ÊÓƵDT Statute allows for compensation for harm, this remedy must relate to the administrative decision under review, which in this case concerned disclosure of disciplinary measures, not compensation.

The Ä¢¹½ÊÓƵAT further held that the Ä¢¹½ÊÓƵDT exceeded its jurisdiction in...

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s application was not receivable, as his placement on the overtime Priority Two List, rather than the Priority One List, and the consequent non-assignment of overtime to him on 10 April 2023, did not violate any regulations, rules or administrative issuances. The Ä¢¹½ÊÓƵAT found that the staff member had no contractual right, nor ¡°de facto entitlement¡± to perform overtime work or to select his own overtime schedule. On the contrary, it recalled that the allocation of overtime is discretionary with management. Furthermore, the Ä¢¹½ÊÓƵAT observed that the...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that the Administration lawfully imposed the disciplinary measure of demotion by one grade with deferment for three years of promotion eligibility and gender?sensitivity training. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly applied the governing legal framework, including Staff Rule 1.2(f) and ST/SGB/2008/5, in determining that the staff member¡¯s conduct, an inappropriate remark referencing nudity and a stroking gesture, physical intimidation of a colleague, and leering at female staff, constituted sexual harassment and workplace harassment.

The...

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...