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Ä¢¹½ÊÓƵAT considered two appeals by the Secretary-General of judgment Nos. Ä¢¹½ÊÓƵDT/2011/106 and Ä¢¹½ÊÓƵDT/2011/192. Ä¢¹½ÊÓƵAT held that it was satisfied that the Complainant did not share the Applicant¡¯s desire to pursue a sexual relationship and that the Applicant¡¯s conduct was unwelcome. Ä¢¹½ÊÓƵAT held that the transmission by the Applicant of a photograph of his genitalia to a female colleague, much less a colleague under his supervision, could at its best, as found by the Joint Disciplinary Committee (JDC), be characterised as outrageous and most probably unwanted. Ä¢¹½ÊÓƵAT held that the Secretary-General had clear...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

As a preliminary matter, Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing. Ä¢¹½ÊÓƵAT then considered the Appellant¡¯s claims that the facts were not established by clear and convincing evidence, that there were procedural flaws during the disciplinary proceedings, and that his separation from service was not warranted. Ä¢¹½ÊÓƵAT held that clear and convincing evidence showed that the Appellant harassed all the alleged victims and abused his authority, in violation of WFP¡¯s Harassment Policy. Ä¢¹½ÊÓƵAT also held that Ä¢¹½ÊÓƵDT correctly found that the sanction of separation from service was proportionate...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred by concluding that ST/AI/2002/3 applied to Ä¢¹½ÊÓƵICEF, as the Ä¢¹½ÊÓƵICEF Handbook establishes the procedure that a staff member must follow should they wish to rebut the content of their performance report. Ä¢¹½ÊÓƵAT noted that the principle articulated in Villamoran v. Secretary-General of the United Nations (2011-Ä¢¹½ÊÓƵAT-160), which holds that administrative issuances have greater legal authority over manuals such as the Ä¢¹½ÊÓƵICEF Handbook, only where there is a conflict between guidelines and manuals and a properly promulgated...

Ä¢¹½ÊÓƵAT preliminarily dismissed the Appellant¡¯s Application for Confidentiality and then considered the merits of the Appeal, which contained three grounds. With respect to the first ground, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in concluding that due process was satisfied if the staff member could comment on anonymous witness statements providing evidence against him. Ä¢¹½ÊÓƵAT noted that the reasons for withholding the identities of the victims and for not producing them at trial were contained in the OIOS Investigation Report that was sent to the Appellant, thus the conditions for the admissibility for...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT noted that it was not disputed that the evidence given by Mr Verwey (a witness called by the staff member) regarding the alleged falsification of allegations of breach of confidentiality by the staff member¡¯s former supervisor and the former Deputy Inspector-General, was not disclosed in Mr Verwey¡¯s summary of evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in not attaching any importance to this omission. Ä¢¹½ÊÓƵAT held that the summary that was provided was vastly different from the oral evidence given by Mr Verwey. Ä¢¹½ÊÓƵAT held that the Secretary-General...

Ä¢¹½ÊÓƵRWA DT considered an appeal by the Commissioner-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in fact or in law such as to vitiate its judgment, except with regards to the award of compensation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not overstep its role to judicially review the administrative decision imposing a disciplinary measure on the staff member and terminating his appointment. Ä¢¹½ÊÓƵAT held that the Administration had failed to demonstrate that the staff member had committed the serious misconduct he had been charged with, because not only did the proceedings fail to provide him with an adequate...

Ä¢¹½ÊÓƵAT held that the Appellant had failed to establish any error in fact or law which would warrant the reversal of the Ä¢¹½ÊÓƵRWA DT judgment under appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had correctly characterized the contested administrative decision subject to its judicial review as a demotion and subsequent transfer, which was taken after disciplinary proceedings. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had not erred when, after conducting an adequate review of the requirements for the adoption of a disciplinary measure, it concluded that there had been misconduct and that the sanction was legal and proportionate to...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...