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The Ä¢¹½ÊÓƵAT found that Mr. Flekal, by consenting to the referral of the harassment claim on 3 March 2024, for managerial action, had essentially waived the right to pursue a remedy before the Tribunals for the lack of an investigation into his complaints of harassment, including bullying. The Ä¢¹½ÊÓƵAT noted that under the relevant technical instruction of the Department of Internal Oversight Services, bullying is not a separate category of misconduct, it is considered a kind of harassment.

The Ä¢¹½ÊÓƵAT noted that Mr. Flekal had also waived his ¡°abuse of power¡± claim because it was not pled in his...

The Ä¢¹½ÊÓƵAT observed that the Secretary-General elected to limit the scope of his appeal only against the findings of the Ä¢¹½ÊÓƵDT with respect to two of nine instances of alleged misconduct by the former staff member. The Ä¢¹½ÊÓƵAT further acknowledged that the Secretary-General¡¯s contention was that the Ä¢¹½ÊÓƵDT erred in law when it applied the legal tests for harassment and sexual harassment to the two incidents.

Nonetheless, the Ä¢¹½ÊÓƵAT held that to determine the issue on appeal required more than simply an application of the correct legal test. To reach any conclusions requires more than simply regard to...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that the contested decision to close the staff member¡¯s complaint without investigation was lawful and reasonable. The Ä¢¹½ÊÓƵAT found that OIAI properly assessed the allegations and determined they lacked sufficient evidence or indicia of misconduct, and that the incidents described fell within normal performance management rather than harassment or abuse of authority.

The Ä¢¹½ÊÓƵAT further held that the Ä¢¹½ÊÓƵDT correctly found that disagreements over performance ratings and the implementation of a Performance Improvement Plan do not constitute...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that the contested decision by the OAI to close the staff member¡¯s complaint was lawful. The Ä¢¹½ÊÓƵAT found that the Administration acted reasonably in determining that the allegations lacked sufficient evidence to warrant an investigation and that the assessment process complied with Ä¢¹½ÊÓƵDP¡¯s legal framework.

The Ä¢¹½ÊÓƵAT further held that the Ä¢¹½ÊÓƵDT correctly rejected the staff member¡¯s procedural arguments, including claims of bias and denial of witness testimony. The Ä¢¹½ÊÓƵAT emphasized that the proposed witnesses could not have altered the established...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding the extensions of administrative leave with pay lawful, as the Administration reasonably assessed the risk to workplace harmony given the appellant¡¯s senior role.

The Ä¢¹½ÊÓƵAT agreed that the refusals to complete ePAS evaluations and to approve a subordinate¡¯s workplan and telecommuting request constituted insubordination under Staff Rule 1.2(a), which requires compliance with instructions properly issued by supervisors. It clarified that staff must follow instructions even if they believe them unlawful, unless criminal, and that ¡°properly issued¡±...

The Ä¢¹½ÊÓƵAT observed that the Secretary-General elected to limit the scope of his appeal only against the findings of the Ä¢¹½ÊÓƵDT with respect to two of nine instances of alleged misconduct by the former staff member. The Ä¢¹½ÊÓƵAT further acknowledged that the Secretary-General¡¯s contention was that the Ä¢¹½ÊÓƵDT erred in law when it applied the legal tests for harassment and sexual harassment to the two incidents.

Nonetheless, the Ä¢¹½ÊÓƵAT held that to determine the issue on appeal required more than simply an application of the correct legal test. To reach any conclusions requires more than simply regard to...

The Ä¢¹½ÊÓƵAT held that the Inspector General¡¯s Office (IGO) and the Administration failed to properly consider relevant factors brought to their attention during the investigation into the staff member's misconduct. Specifically, they did not considerate the medical context in which the established misconduct occurred, which could have been exculpatory for the staff member. The Ä¢¹½ÊÓƵAT found that they failed to investigate and appreciate the potential effects of the staff member's brain tumour and/or treatment on certain aspects of his interpersonal relations with other staff members.

The Ä¢¹½ÊÓƵAT held...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that the Administration lawfully imposed the disciplinary measure of demotion by one grade with deferment for three years of promotion eligibility and gender?sensitivity training. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly applied the governing legal framework, including Staff Rule 1.2(f) and ST/SGB/2008/5, in determining that the staff member¡¯s conduct, an inappropriate remark referencing nudity and a stroking gesture, physical intimidation of a colleague, and leering at female staff, constituted sexual harassment and workplace harassment.

The...

The Ä¢¹½ÊÓƵAT found that Mr. Slayyeh did not file a proper appeal of the impugned Judgment but rather was bringing a new claim for compensation that had not been submitted to the Dispute Tribunal. The Ä¢¹½ÊÓƵAT held that he could not introduce on appeal an issue not previously presented to the first instance tribunal as it is a violation of the due process rights of the other party and does not comply with the two-tier system of administration of justice.

The Ä¢¹½ÊÓƵAT found that the remedies available under Article 10(5) of the Ä¢¹½ÊÓƵRWA DT Statute allow the Ä¢¹½ÊÓƵRWA DT to rescind the contested decision or order...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had not erred in finding that it had been proven by clear and convincing evidence that the staff member had engaged in harassment and abuse of authority, used her office for personal reasons to prejudice the position of a colleague, disclosed sensitive information, failed to report the possible misconduct of others, used a personal e-mail address contrary to the applicable provisions, and exchanged inappropriate messages about colleagues.

The Ä¢¹½ÊÓƵAT found that regardless of whether she had been a whistleblower engaged in a protected activity, there was no evidence that...