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Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had nor erred in law or fact rendering its judgment. Ä¢¹½ÊÓƵAT held that the Appellant had failed to persuade the Court that Ä¢¹½ÊÓƵDT¡¯s conclusion of fact had rendered the decision unreasonable as required by Article 2 of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT held that the evidence clearly supported the finding of gross negligence and loss of property, as well as the existence of the misconduct. Ä¢¹½ÊÓƵAT held that there was no due process violation on the part of the Administration for having charged the Appellant with three accounts of misconduct. Ä¢¹½ÊÓƵAT held that the misconduct had been established...

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 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 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 held that Ä¢¹½ÊÓƵDT had violated the Appellant¡¯s due process rights by not rendering a fully reasoned judgment and had thus committed an error in procedure such as to affect the decision of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should have examined and stated in its judgment whether there was clear and convincing evidence that the Appellant continued to fight in a severe manner causing physical injury. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT should have addressed the question as to whether there was clear and convincing evidence that the Appellant had used physical force against a driver in April 2013, especially since...

Ä¢¹½ÊÓƵAT held that the summary dismissal decision was unlawful because the due process rights under IMO¡¯s Staff Regulations and Staff Rules were substantially violated. The Appellant had been charged with misconduct in the form of fraudulent activities undertaken to gain diplomatic accreditation, namely giving instructions to append an electronic signature to an official IMO communication without authorization or instruction by that colleague and misrepresenting his contractual status as internationally recruited in that communication. Noting that the Secretary-General of IMO considered 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...

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 the undisputed facts, the evidence of a credible report, coherent hearsay evidence pointing to a pattern of behaviour, the consistency of the witness statements, the unsatisfactory statement of the staff member, and the inherent probabilities of the situation, taken cumulatively, constituted a clear and convincing concatenation of evidence establishing, with a high degree of probability, that the alleged misconduct in fact occurred. Ä¢¹½ÊÓƵAT noted that the Organisation is entitled to and obliged to pursue a severe approach to sexual harassment and that the message, therefore, needs...