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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the sanction imposed on Mr Cobarrubias was not unreasonable, absurd or disproportionate. Ä¢¹½ÊÓƵAT held that it was a reasonable exercise of the Administration¡¯s broad discretion in disciplinary matters, with which it would not lightly interfere. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding the sanction disproportionate and in substituting its opinion for that of the Administration. Ä¢¹½ÊÓƵAT vacated the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT dismissed Mr Rajan¡¯s motion for the appeal to be heard on an expedited basis as it had become moot as the ordinary case management constraints meant it could not have been heard any earlier. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT made an error of law in holding that the Secretary-General was obliged to prove that Mr Rajan had the intention to mislead the Organisation. Ä¢¹½ÊÓƵAT held that there was no doubt that Mr Rajan misrepresented the true situation more than once. Ä¢¹½ÊÓƵAT held that it was Mr Rajan¡¯s responsibility to ascertain that he was providing accurate...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it concluded that the Administration¡¯s decision was unlawful and that the sanction imposed was disproportionate to the nature and gravity of the behaviour triggering it. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it ordered rescission of the sanction and compensation in lieu thereof and substituted the sanction imposed for a lesser one. Ä¢¹½ÊÓƵAT held that the Secretary-General had broad discretion to determine whether the assault amounted to serious misconduct and to determine the appropriate disciplinary measure. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT considered the appeal of Mr Bagot and the cross-appeal of the Commissioner-General. Ä¢¹½ÊÓƵAT held that the Commissioner-General¡¯s cross-appeal was receivable. Ä¢¹½ÊÓƵAT agreed with the findings of Ä¢¹½ÊÓƵRWA DT that the established facts regarding the lunch and the events that took place in the apartment did not amount to misconduct. Ä¢¹½ÊÓƵAT held that the only reasonable conclusion available to the first instance Judge was that the facts of the alleged misconduct were not established by clear and convincing evidence, in light of the plot and the sequence of the events, assessed in conjunction with the...

Ä¢¹½ÊÓƵAT considered the appeal of the Appellant and the cross-appeal of the Secretary-General. Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing, noting that it would not have added any further value or clarification of the factual and legal issues. Ä¢¹½ÊÓƵAT held that the Secretary-General's cross-appeal was receivable, according to Article 9(4) of the RoP. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in holding that the disciplinary investigation was flawed by procedural irregularities. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the disciplinary decision was unlawful and, accordingly, that there could neither...

Ä¢¹½ÊÓƵAT considered the Appellant¡¯s request for an oral hearing and claims for moral damages and reinstatement. Ä¢¹½ÊÓƵAT held that the factual and legal issues arising from the appeal have already been clearly defined by the parties and did not find that an oral hearing would ¡°assist in the expeditious and fair disposal of the case. ¡± To that end, Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing. Ä¢¹½ÊÓƵAT found no fault with Ä¢¹½ÊÓƵRWA DT¡¯s conclusion that it was highly probable that the Appellant had a leadership role in the armed clashes of 18 June 2015. Ä¢¹½ÊÓƵAT held that there was no evidence to suggest...

Ä¢¹½ÊÓƵAT considered whether exceptional circumstances should apply to the Appellant¡¯s appeal, under Article 8(3) of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in its conclusion that absent a full explanation for the five-month delay after her discharge from the hospital, the Appellant could not avail herself of the plea of exceptional circumstances. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in finding that the application was not receivable. Ä¢¹½ÊÓƵAT dismissed the appeal.

On appeal by the Secretary-General, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT erred in fact and in law in its finding that the facts of misconduct were not established by clear and convincing evidence. Ä¢¹½ÊÓƵAT noted that a proper consideration of the whole of the evidence could only have led to one conclusion, and that is that the individual assaulted the victim. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT did not consider the evidence objectively, specifically by giving misplaced importance to minor inconsistencies, coming to unreasonable conclusions on the facts which were not supported by the evidence, and making speculations instead of...

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...

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...