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The Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵDT did not err in finding that two periods of delay in addressing the former staff member¡¯s complaints was not evidence of bias against her. The Ä¢¹½ÊÓƵAT held that delay alone is not indicative of bias.

The Ä¢¹½ÊÓƵAT further held that the former staff member¡¯s claims related to a certain press release had been decided by prior Tribunal judgments and could not be relitigated.

The Ä¢¹½ÊÓƵAT also found that the Ä¢¹½ÊÓƵDT correctly confirmed that the establishment of the fact-finding Panel, its process of fact-finding and reporting, and its interactions with the former staff member as...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in finding that the Administration had not proven by clear and convincing evidence that Mr. Ammar made the Facebook post because the Inspector General¡¯s Office (IGO) inappropriately discounted the possibility that Mr. Ammar¡¯s Facebook account had been hacked. The Ä¢¹½ÊÓƵAT found that the Administration met its burden of establishing that it was highly probable that Mr. Ammar posted the Comment and thus publicly expressed support for an honour killing. The Administration produced uncontradicted evidence that the comment came from Mr. Ammar¡¯s Facebook account and he...

The Ä¢¹½ÊÓƵAT held that the facts were established by clear and convincing evidence. It held that the Complainant¡¯s testimony was consistent with her earlier statements, except for the date of the incident. However, the correction of the date she made at the hearing was found to be in good faith and did not undermine her credibility. Her account was corroborated by two other staff members, M.V. and M.M., both of whom testified before the Ä¢¹½ÊÓƵDT. The Ä¢¹½ÊÓƵAT also held that the former staff member failed to show that these witnesses had any motive to falsely implicate him. It noted that the former...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly concluded that the former staff member committed misconduct by repeatedly violating, over more than a year and a half, the rules prohibiting his wife from staying overnight with him in the Ä¢¹½ÊÓƵMISS compound of a non-family duty station, without authorization or payment of the required accommodation fees, despite multiple warnings and a prior reprimand.

The Ä¢¹½ÊÓƵAT also confirmed that, during a counselling session, the former staff member threatened to kill his wife and any staff member to protect their marriage and his perceived right to cohabitation. It agreed...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in suggesting that it was the former staff member¡¯s burden to provide evidence to support his assertion that his request for review had been pending before the Dispute Tribunal since July 2009 and to produce a record of his case having been transferred to it from the JDC in July 2009.

The Ä¢¹½ÊÓƵAT further held that the Administration¡¯s response, that his claim was closed due to his failure to pursue it for over 12 years, was neither an administrative decision, nor was it the Administration¡¯s prerogative to make regarding the judicial proceeding. The Administration...

The Ä¢¹½ÊÓƵAT observed that the Ä¢¹½ÊÓƵDT did not err in denying the staff member¡¯s request for an oral hearing as the case record was ¡°comprehensive¡± and there was ¡°no irreconcilable dispute of facts between the parties.¡±

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s placement on ALWP was justified, given that the staff member was provided with the names of the members of the fact-finding panel assigned to investigate her alleged misconduct, and that she was in a position to approve the consultancy contract of one of those members, which created a conflict of interest and a genuine risk of interference in the...

On delegation on authority, the Respondent argued that the presumption of regularity avoids the need for proof absent a prima facie case. This argument is entirely correct. The Respondent was required to and submitted email correspondence between the ASG/OHRM and the USG/DMSPC regarding this case. In that correspondence, the ASG/OHRM attaches her recommendation to impose a disciplinary sanction on the Applicant, along with a ¡°detailed analysis in the body to the recommendation.¡± In response, the USG/DMSPC writes¡°Recommendation approved.¡± The Tribunal was therefore convinced that the contested...

The Tribunal was mindful of the Organization¡¯s ¡°zero-tolerance¡± policy against sexual harassment and abuse as well as of the need for the Organization to protect its reputation and the integrity of the workplace.

The Tribunal noted that the standard required at the stage of imposing the administrative leave without pay ("ALWOP") is not ¡°clear and convincing evidence¡± but ¡°reasonable grounds to believe¡±, which is a lower standard. On balance, the Tribunal was satisfied that the initial phases of the investigation uncovered sufficient evidence to support a reasonable suspicion that the Applicant...

The Tribunal found that the Respondent was not able to demonstrate that the facts on which the disciplinary measure was based were established by clear and convincing evidence, as otherwise required by the Appeals Tribunal in its jurisprudence.

Having found that the facts on which the disciplinary measure was based had not been established by clear and convincing evidence, the Tribunal also found that there was no established misconduct by the Applicant.

Given the finding of absence of misconduct by the Applicant, the Tribunal also rescinded the sanction imposed on him.

The Applicant disputed whether the Office of Internal Audit and Investigations (¡°OIAI¡±) decision not to initiate an investigation into his complaint of alleged harassment and abuse of authority was lawful, reasonable, and fair. He asserted that while work-related matters normally do not constitute prohibited conduct, Ä¢¹½ÊÓƵICEF¡¯s Policy on Prohibited Conduct does not exclude performance-related matters from being considered harassment and abuse of authority.

The issue before the Tribunal was determining whether the Applicant¡¯s contentions fall in the scope of regular disagreements on work...