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Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT committed errors of law and fact resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in its assessment of the alleged victim¡¯s credibility. Ä¢¹½ÊÓƵAT held that, contrary to Ä¢¹½ÊÓƵRWA DT¡¯s understanding, there was no record that the alleged victim had stated that she had been sexually attacked by the Appellant on previous occasions. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in drawing a negative inference about the credibility of the alleged victim from her delayed reporting. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA erred in its assessment of the Appellant¡¯s credibility, in particular...

Ä¢¹½ÊÓƵAT held that the findings of the WMO JAB were not adequately articulated in the written record; it did not furnish a written decision dealing fully with the factual and legal issues. Ä¢¹½ÊÓƵAT held that because the factual basis for the JAB¡¯s determination that the summary dismissal was justified was not clear and in the JAB report, it was not possible to establish whether the JAB made the alleged errors on the relevant questions of fact, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that because the JAB limited its inquiry to determine whether the decision was motivated by prejudice...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err and that clear and convincing evidence established that the Appellant participated in an attempted taking of property belonging to the Organisation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in concluding that the disciplinary sanction of dismissal from service was proportionate and lawful. On the Appellant¡¯s claim that the items were ¡°garbage¡±, Ä¢¹½ÊÓƵAT held that this claim was entirely without merit as the evidence showed that the items included over USD 5,000 worth of material, including boxes of new floor tiles. On the Appellant¡¯s claim that Ä¢¹½ÊÓƵDT failed to fully assess...

The Ä¢¹½ÊÓƵDT judgment was appealed by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not exceed the scope of judicial review by reviewing the facts and concluding that there was sufficient evidence of inebriation but concluding there was a lower level of alcohol consumed based on the breathalyzer result. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly balanced the competing considerations and concluded reasonably that the imposition of the sanction of separation from service with compensation in lieu of notice and termination indemnity was disproportionate to the misconduct. Ä¢¹½ÊÓƵAT held that the fact that the...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had committed various errors of law, fact, and procedure. Ä¢¹½ÊÓƵAT held that the whole reasoning of Ä¢¹½ÊÓƵDT was misconstrued and Ä¢¹½ÊÓƵDT did not properly examine the lawfulness of the disciplinary sanction. Ä¢¹½ÊÓƵAT held that there was clear and convincing evidence that the Appellant awarded and signed a contract on behalf of Ä¢¹½ÊÓƵFPA, that she did not conduct any market research or consider other suppliers before doing so, that she had no authority to sign the contract and that she was involved in procurement activities in relation to another Ä¢¹½ÊÓƵFPA vendor. Further, Ä¢¹½ÊÓƵAT held that there was...

Ä¢¹½ÊÓƵAT held that the ICJ had breached its duty to protect the staff member against harassment by another staff member. Ä¢¹½ÊÓƵAT held that, once senior management had become aware of the incidents, it should have envisaged that similar incidents could happen in the future, and it failed to take the appropriate measures to protect its staff. Ä¢¹½ÊÓƵAT awarded USD 12,500 to compensate the staff member for the harm suffered, and especially the harm to her reputation during the course of the investigations. Ä¢¹½ÊÓƵAT also awarded 3,630 Euros in legal fees.

Ä¢¹½ÊÓƵAT held that the appeal was entirely without merit. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct to find that the facts supporting the disciplinary measure had been established and to conclude that those facts amounted to misconduct. Ä¢¹½ÊÓƵAT supported the reasoning of Ä¢¹½ÊÓƵDT in rejecting the Appellant¡¯s attempts at exoneration, namely that factors such as whether or not her husband was qualified for the job or the other candidate secured another position did not change the existence of a conflict of interest and the way in which the integrity of the process was compromised. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found...

Ä¢¹½ÊÓƵAT held that the first time the Appellant¡¯s claim for implementation of the sanction (an apology to the Appellant) was raised was on appeal and that it was therefore not receivable, however, Ä¢¹½ÊÓƵAT held that the Appellant was not barred from requesting Ä¢¹½ÊÓƵRWA to enforce its letter of censure. On the Appellant¡¯s claim for moral damages, Ä¢¹½ÊÓƵAT found no error in Ä¢¹½ÊÓƵRWA DT¡¯s order denying the Appellant¡¯s request for moral damages since there was no evidence of harm. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT had before it an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law and fact leading to a manifestly unreasonable decision when it held that Mr Siddiqi had not threatened to kill identified staff members but only had made an unspecified threat to kill ¡°some¡± staff members. Ä¢¹½ÊÓƵAT held that the statements of the three witnesses rendered clear and convincing evidence that the Appellant did not only utter an unspecified threat but that he had threatened to kill identified staff members. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT also erred in law and fact when it concluded that threat was not serious...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT properly reviewed the contested decision in accordance with the applicable law and established the critical facts of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had a broad discretion to determine the admissibility of evidence and the weight to be attached thereto and that Ä¢¹½ÊÓƵDT¡¯s conclusion was consistent with the evidence. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s conclusion that the impugned decision was unlawful was correct, albeit for different reasoning. Ä¢¹½ÊÓƵAT held that the facts underpinning the administrative decision to issue the staff member a...