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Ä¢¹½ÊÓƵAT held that the Appellant, though entitled to receive a summary of the findings of the investigation report, was not entitled to receive a copy of the full investigation report without showing exceptional circumstances, which he did not do and Ä¢¹½ÊÓƵAT, therefore, upheld the findings of Ä¢¹½ÊÓƵDT on this point. On compensation, Ä¢¹½ÊÓƵAT noted that the Appellant presented no evidence to prove that the violation of the three-month deadline undermined the investigation and the outcome of the complaint, or that he suffered actual prejudice. Ä¢¹½ÊÓƵAT held that the Administration¡¯s offer of USD 1,000 was...

Ä¢¹½ÊÓƵAT held that the evidence against the Appellant uncovered by the investigation was so overwhelming that the only reasonable conclusion available to Ä¢¹½ÊÓƵDT was that the facts were established by clear and convincing evidence. Noting that the evidence that he was in possession of the stolen card and that he used it to refuel his own private vehicle was not contested by the Appellant, Ä¢¹½ÊÓƵAT held that his explanation of how he came into possession of the stolen card and how he came to use it was incapable of belief. Ä¢¹½ÊÓƵAT agreed with the finding of Ä¢¹½ÊÓƵDT that the established facts amounted to serious...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred by considering as mitigating factors the recommendation of Mr Jaffa¡¯s immediate supervisors that his actions warranted a reprimand and the fact that Mr Jaffa continued to perform for two further years (with positive reviews). Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in not attaching sufficient importance to the fact that Mr Jaffa held a position of trust as a Finance Assistant. Ä¢¹½ÊÓƵAT held that the Secretary-General had not overlooked relevant mitigating factors in imposing the sanction of separation from service. Ä¢¹½ÊÓƵAT held that it...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the Secretary-General¡¯s appeal was filed on time and was receivable. Ä¢¹½ÊÓƵAT held that, since the parties agreed to and identified the facts in their Joint Statement, it was not open to Ä¢¹½ÊÓƵDT to conduct its own evaluation and then to substitute its view for that of the parties. Ä¢¹½ÊÓƵAT held that the misconduct was of a grave and serious nature and in those circumstances, the sanction of separation was reasonable and not disproportionate and/or arbitrary. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it reversed the Secretary-General¡¯s decision to...

Ä¢¹½ÊÓƵAT had before it three decisions of the Conciliation Committee: the first regarding the establishment of two inquiry panels, Panel One and Panel Two; the second in respect of the decision to place the Appellant on administrative leave with pay, and the third concerning the decision to separate her from service. As a preliminary matter, Ä¢¹½ÊÓƵAT did not admit to the case file two motions submitted by the Appellant subsequent to the issuance of judgment No. 2015-Ä¢¹½ÊÓƵAT-531, as Ä¢¹½ÊÓƵAT held that the documents that she sought to adduce would not assist Ä¢¹½ÊÓƵAT with its consideration on the merits. By way of...

Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT set out the correct legal framework, but thereafter erroneously reviewed the evidence and interfered with the administrative discretion, since Ä¢¹½ÊÓƵRWA had established the misconduct by clear and convincing evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in law in its evaluation of the evidence and that Ä¢¹½ÊÓƵRWA had established the existence of the facts warranting disciplinary sanction. Ä¢¹½ÊÓƵAT held that the procedure and the subsequent decision were lawful and there was no basis to rescind the termination or to award any...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in concluding that the imposed disciplinary sanction was disproportionate and consequently substituting it for a lesser one. Ä¢¹½ÊÓƵAT held that serious misconduct was established and the disciplinary measure of separation from service without termination indemnity was proportionate. Ä¢¹½ÊÓƵAT noted that the misconduct put public health at risk as the food was distributed with altered expiration dates to hide the fact of its expiration. Ä¢¹½ÊÓƵAT held that the imposed sanction was neither absurd nor disproportionate and...

Ä¢¹½ÊÓƵAT considered both an appeal by Ms Flores requesting an increase in compensation and a cross-appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in either determining that there were procedural violations that warranted rescission of the separation decision or in its determination that Ms Flores was not entitled to reinstatement (justifying a material award) as her contract was due to expire shortly after receipt of the dismissal letter. Ä¢¹½ÊÓƵAT noted that Ms Flores was not informed prior to the interview what the allegations were. Noting that the records indicated that Ms Flores...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that the refusal by the former Executive Director to open an investigation into all the allegations raised violated ST/SGB/2008/5. Ä¢¹½ÊÓƵAT held that the Administration has a degree of discretion as to how to conduct a review and assessment of a complaint and may decide whether to undertake a fact-finding investigation into all or some of the allegations. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s conclusion that the former Executive Director did not comply with ST/SGB/2008/5 by hiring two consultants from outside the Organisation to conduct the investigation. Under ST/SGB/2008/5...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly determined that it did not have jurisdiction to review the decision to suspend him without pay. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was alert to the injury which the prolonged delay caused the Appellant. On the Appellant¡¯s complaint that Ä¢¹½ÊÓƵRWA DT did not address his complaint regarding the deduction by Ä¢¹½ÊÓƵRWA from his personal Provident Fund contributions upon his dismissal, apparently, to recoup an overpayment, Ä¢¹½ÊÓƵAT held that there was no merit in the complaint and the Appellant failed to demonstrate any error of law or fact on the part of the Ä¢¹½ÊÓƵRWA DT when it determined these...