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The Ä¢¹½ÊÓƵAT held that the staff member was responsible for having agreed that the Ä¢¹½ÊÓƵDT should hear no direct evidence from witnesses in person but should decide the matter on the documents submitted. As an inquisitorial and not a solely adversarial tribunal, the Ä¢¹½ÊÓƵDT could nevertheless have held a hearing. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT was entitled to conclude on the complainant¡¯s evidence alone that the staff member had engaged in a sexual relationship with her. Their sexual relationship was employment-related and thereby transactional. The Ä¢¹½ÊÓƵDT was entitled to conclude that this was an...

The Ä¢¹½ÊÓƵAT found no errors in the Ä¢¹½ÊÓƵRWA DT Judgment and dismissed the appeal. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT correctly held that Mr. Neekhra¡¯s due process rights were not violated by an undue delay in the investigation proceedings; that Mr. Neekhra¡¯s actions to copy-paste excerpts from internal/external sources without proper citation was a violation of the Agency¡¯s regulatory framework and constituted misconduct; and that the disciplinary measures of a written censure and deferment of eligibility for consideration for promotion were proportionate to the offense. The Ä¢¹½ÊÓƵAT dismissed the...

Ä¢¹½ÊÓƵAT dismissed the appeal. As a preliminary matter, Ä¢¹½ÊÓƵAT denied AAB's request for an oral hearing on grounds that there was no need for further clarification since the factual and legal issues arising from the appeal had already been clearly defined by the parties, and an oral hearing would not assist in the expeditious and fair disposal of the case. Ä¢¹½ÊÓƵAT dismissed AAB's claim that her right to a fair trial before the Ä¢¹½ÊÓƵDT had been violated because, since the application was found not to be receivable, and she was denied the opportunity to file a rejoinder. Ä¢¹½ÊÓƵAT noted that there is no...

Ms. Pakkala filed an appeal. Ä¢¹½ÊÓƵAT found that the decision to impose the administrative measures on Ms. Pakkala was a lawful and reasonable exercise of discretion.

The letter of the Director, DHR clearly set out the rationale for imposing the administrative measures, i.e. that the investigative process had surfaced a pattern of behavior exhibited by Ms. Pakkala over time which was cause for concern and justified the administrative measures. While the Director, DHR found the evidence of alleged harassment was not clear and convincing, in her opinion there were reasonable grounds to believe...

Mr. Beda appealed. As a preliminary matter, Ä¢¹½ÊÓƵAT dismissed Mr. Beda's motion seeking leave to file a rejoinder on grounds that there was no probative value to the rejoinder Mr. Beda sought to file, and there was nothing new in the Administration's answer that would require him to have an opportunity to provide a rebuttal or rejoinder. Turning to the merits, Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had applied the correct legal standard in its Judgment - whether the facts had been established by clear and convincing evidence - and properly assessed the evidence and credibility of witness testimony, making the...

Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵRWA DT Judgment. Regarding the deduction of a sum of money from his separation benefits, Ä¢¹½ÊÓƵAT agreed that this claim was not first submitted for decision review. Regarding his separation from service without termination indemnity, Ä¢¹½ÊÓƵAT also found no error in the Ä¢¹½ÊÓƵRWA DT Judgment. The Tribunal agreed with the Ä¢¹½ÊÓƵRWA DT that the bank statement did not contain the correct amount and that the invoices he submitted did not relate to genuine purchases. Ä¢¹½ÊÓƵAT was satisfied that: (i) the facts on which the disciplinary measure was based had been established by clear and convincing...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred in law by upholding the decision to summarily dismiss the staff member, which was taken in violation of the requirements of adversarial proceedings and due process. Ä¢¹½ÊÓƵAT held that, while the use of statements gathered in the course of an investigation from witnesses who remain anonymous throughout the proceedings, including before Ä¢¹½ÊÓƵAT, cannot be excluded as a matter of principle from disciplinary matters, a disciplinary measure may not be founded solely on anonymous statements. Ä¢¹½ÊÓƵAT ordered rescission of the contested decision to summarily dismiss the staff...

Ä¢¹½ÊÓƵAT noted that the staff members had accepted the lump-sum calculated by the ICTY travel unit while reiterating their disagreement with the calculation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that by accepting a lump-sum payment for home leave travel, the staff members forfeited any right to contest the calculation of the amount of the lump sum payment. Ä¢¹½ÊÓƵAT remanded the case to Ä¢¹½ÊÓƵDT for consideration on the merits.

Ä¢¹½ÊÓƵAT held that the Appellant was not given an opportunity to call witnesses at trial and prior to that was not able to discuss with his supervisor the reason for his transfer. Ä¢¹½ÊÓƵAT held that the appeal was receivable because Ä¢¹½ÊÓƵDT had committed an error in procedure, such as to affect the decision of the case when it limited the evidence. Ä¢¹½ÊÓƵAT held that due process required that a staff member must know the reasons for a decision so that he or she can act on it and the complainant was left in an unfair position in terms of attempts to resolve the dispute when deprived of the opportunity to...

Although the Administration failed to take into account the Applicant¡¯s upgraded performance appraisal, Ä¢¹½ÊÓƵAT held that this would make no difference to the outcome of the appeal because a staff member who has received two consecutive ratings of partially meets performance expectations has no legitimate expectation of renewal of contract at the end of the contract period. Ä¢¹½ÊÓƵAT held that the Appellant was entitled to compensation for moral damages caused by the denial of his due process rights, payable under Article 9(1)(b) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT allowed the appeal in part, modifying the Ä¢¹½ÊÓƵDT...