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The Applicant has not requested any damages or a modification of the contested sanctions but rather only their rescission. The Tribunal considers that the level of disciplinary measures that were finally applied against the Applicant were taken in accordance with the rules and therefore there are no rescindable decisions. The Tribunal can also not award a remedy that was not requested by the Applicant with regard to any delay in the proceedings or the original sanction which has since been modified to comply with the jurisprudence of the Tribunal. The application is dismissed.The Ä¢¹½ÊÓƵDT found...

Upon review, the Tribunal concluded that the Applicant did not commit the misconduct of providing false information in his annual leave report. The Respondent correctly established the facts for the remaining charges of the misconduct. However, the Respondent did not fully take into account all the mitigating circumstances when determining the appropriate disciplinary sanction. The Tribunal found the disciplinary measure disproportionate to the misconduct and modified it. The contested decision is rescinded. The disciplinary measure of separation from service with compensation in lieu of...

ReceivabilityThe placement of a staff member on administrative leave is within the discretion of the Secretary-General. It is an administrative decision for the purposes of art. 8.1 (c) of the Statute and within the well settled meaning of an administrative action as laid down in Andronov. The Tribunal cannot assume jurisdiction to determine the validity of an administrative decision unless it has been first referred to the Management Evaluation Unit pursuant to art.11.2 of the Staff Rules. In the absence of management evaluation of the decision to place the Applicant on administrative leave...

Receivability - ST/SGB/2008/5 provides comprehensive procedures, both informal and formal, to a person who alleges that he or she is a victim of prohibited conduct. Although the Applicant complained that the impugned decisions amounted to an abuse of authority, he did not invoke the procedures set up to address such allegations. Accordingly there is no decision made pursuant to the ST/SGB for the Tribunal to review.

The Tribunal considered both applications receivable, and held that both the fact-finding panel and the ICTR Registrar misinterpreted the definition of harassment contained in ST/SGB/2008/5 by finding that an action which happens only at one instance, without any previous or subsequent similar behavior, does not amount to harassment, since harassment normally implies a series of incidents. The Tribunal recalled the definition of harassment and its constitutive elements, which may also include a one-off incident as affirmed by the Appeals Tribunal, and decided to rescind the decision to close...

The Tribunal concluded that the established facts did not legally amount to misconduct and that the disciplinary measure imposed on the Applicant was unlawful ab initio and therefore, a violation of her rights. Breadth of judicial review: When reviewing disciplinary matters, the role of the Tribunal is to look at all the facts, including the facts that came up during the investigation. Thus, the Tribunal is entitled to look at the manner in which the investigation was conducted; the facts gathered; the testimony of witnesses and the documentary evidence. ST/AI/371: The Tribunal noted that: (i)...

The Tribunal finds that the Applicant failed to declare the existence of his friendship with the selected candidate, including in response to a direct inquiry prior to the completion of the selection process and during the disciplinary process, and that his actions affected the impartiality and fairness of the selection process and the trust vested in him. The Applicant¡¯s due process rights were respected during each phase of the disciplinary process and the sanction imposed was proportional to the misconduct. The application is therefore rejected. The Applicant did not demonstrate that there...

The Ä¢¹½ÊÓƵDT found that the contested decisions were lawful and that there was no evidence to support the claim that these decisions were motivated by ill will. The Tribunal also expressed its concern at the huge volume of unnecessary as well as irrelevant material that had been filed by the Applicant thereby imposing an onerous burden on the Tribunal at the expense of other cases awaiting a judicial determination.

The Tribunal noted an indication of favouritism towards a particular candidate and a desire to appease the staff council neither of which are consistent with the standard of conduct...

The Ä¢¹½ÊÓƵDT found that the Applicant¡¯s explanations for how the missing card came to be in his possession were so far-fetched as to be unbelievable. He was shown to have had the opportunity to take illegal possession of the card and stood to make a pecuniary benefit from so taking it. There were several material inconsistencies in the Applicant¡¯s case and he was found not to be credible, contradicting himself in the course of the investigation and in his testimony before the Tribunal. The facts upon which the sanction was based were established and amounted to serious misconduct on the part of...

Duty to report receipt of overpayments - The Applicant failed in his duty to make the Organization aware of overpayments made to him, as provided for in section 2.4 of ST/AI/2009/1. The wordings of ST/AI/2009/1 create a duty for staff members not only to report the receipt of overpayments but also to take steps to ensure their recovery. In other words, it necessarily prohibits the unauthorised prevention of said recovery. Proportionality of disciplinary sanctions - Taking into account all the mitigating factors, the sanction of termination imposed by the Respondent was not proportionate to the...