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The Tribunal examined the alleged procedural errors in the appointment of the investigation panel and the conduct of its investigation, before turning to examine the alleged errors in the making of the contested decision itself. Appointment of the panel The Tribunal found that the panel, appointed by a responsible official (the then Executive Director OAJ) who had a conflict of interest, was not constituted in accordance with sec. 5.14 of ST/SGB/2008/5. It was illegal and void ab initio. A decision maker cannot, knowing the basis of a request for recusal, take important steps in a process such...

The contested decision was imposed on the Applicant after finding that there was clear and convincing evidence that the Applicant threatened to kill other staff members in the Afghanistan Country Office. The crux of the Applicant¡¯s case was that the facts were not established through clear and convincing evidence as the witnesses present during the alleged threats provided inconsistent testimonies, and the evidence was not properly collected and, consequently, was unreliable. Whether the investigation was vitiated by procedural flaws Having reviewed the whole investigation file, which was not...

While the Applicant was not required to request management evaluation before filing this application, she was, however, required to file her application with Ä¢¹½ÊÓƵDT within; 90 calendar days of receiving the contested decision. The Applicant¡¯s 25 March 2018 motion for waiver failed to comply with the stringent requirement pronounced by the Appeal¡¯s Tribunal in Thiam because it was not filed prior to the filing of her substantive application but more than five months after the fact. Additionally, the Applicant¡¯s passing mention of receivability in her 17 October 2017 application cannot be...

The failure to re-interview the subject of an investigation to confront him/her with additional gathered evidence constitutes a breach of his/her due process rights: the contested disciplinary decision is unlawful since it was taken based on the evidence and recommendations of the SIU/Ä¢¹½ÊÓƵAMID investigation reports issued in January 2013 and December 2013, even though the SIU/Ä¢¹½ÊÓƵAMID continued the investigation and gathered additional evidence from two witnesses in January 2015 and April 2015. The new evidence was never brought to the attention of the Applicant or of the decision-maker before...

The Tribunal examined the alleged procedural errors in the appointment of the investigation panel and the conduct of its investigation, before turning to examine the alleged errors in the making of the contested decision itself.; Appointment of the panel; The Tribunal found that the panel, appointed by a responsible official (the then Executive Director OAJ) who had a conflict of interest, was not constituted in accordance with sec. 5.14 of ST/SGB/2008/5. It was illegal and void ab initio. A decision maker cannot, knowing the basis of a request for recusal, take important steps in a process...

The decision not to renew the Applicant¡¯s fixed-term appointment

The Tribunal found that there were no good reasons to depart from the principle of renewal pending completion of a rebuttal process. The Tribunal found that the Applicant¡¯s performance was not fairly evaluated, notably during the third and fourth evaluation cycles. Thus, these performance appraisals could not be relied upon to justify a decision not to renew the Applicant¡¯s fixed-term appointment. As a consequence, the Tribunal found that the third reason for not renewing the Applicant¡¯s fixed-term appointment, namely that she...

The Tribunal is of the view that in light of the oral evidence presented to the factfinding panel by the FRO and SRO, instead of them following the recommendations of the second rebuttal panel to initiate and provide real support to the Applicant at every stage of the process, they continued their negative behavior towards the Applicant and they did not temporarily rotate/assign him to another position in a different Unit for the following six months (up to one year starting from 19 March 2014), and to allow for the continuation of his third probationary year. The Tribunal concludes that the...

An assault on a co-worker in connection with work constitutes misconduct, no matter the type of contract or appointment. The direct evidence from written statements, confirmed by strong circumstantial evidence adduced both in the investigation and at the hearing, taken cumulatively constitute a clear and convincing concatenation of evidence establishing, with a high degree of probability, that the alleged misconduct in fact occurred. In the Applicant¡¯s case, whereas the Tribunal would not be inclined to rely heavily on ¡°character witnesses¡± heard rather selectively, the mere fact that the...

The established facts considered in their entirety amount to misconduct in the form of sexual harassment. Sexual harassment can manifest itself in different forms, its determination is fact specific, and its occurrence is not limited to work places during work hours. The Applicant¡¯s conduct amounts to sexual harassment in violation of staff rule 1.2(f). A plain reading of the Applicant¡¯s Facebook messages shows their sexual nature. Moreover, in the Tribunal¡¯s view, the Applicant was put on notice that his sexual advances were unwelcome by Ms. X¡¯s text message in July 2012 requesting that he...

The Applicant¡¯s actions were reasonable and in accordance with her obligation to carefully verify the cost of administrative services, procurement and logistical support, since all the costs were supported by Ä¢¹½ÊÓƵAMI, in order to ensure that all the provisions of the OIOS Audit Manual were respected. There was no concrete negative result on the planned audit resulting from the annulment of the first MOP and that the Applicant¡¯s actions, which she was taking in her capacity as CMS in Ä¢¹½ÊÓƵAMI, consisting in a careful review of the alternative means to a face-to-face visit which could have resulted...