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Ä¢¹½ÊÓƵAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant¡¯s rights as a staff member, Ä¢¹½ÊÓƵAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion was an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have Ä¢¹½ÊÓƵAT remove immunity from certain staff members should her appeal fail, Ä¢¹½ÊÓƵAT held that the motion was entirely misconceived, as such a request...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant¡¯s rights as a staff member, Ä¢¹½ÊÓƵAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion configured an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have Ä¢¹½ÊÓƵAT remove immunity from certain staff members should her appeal fail, Ä¢¹½ÊÓƵAT held that the motion was entirely misconceived, as such a...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. Ä¢¹½ÊÓƵAT held that the staff member¡¯s motion to remove immunity from certain staff members, should her appeal fail, was entirely misconceived, as such a request was entirely outside of the mandate of Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT dismissed the appeal against Ä¢¹½ÊÓƵDT Order No. 133 (GVA/2015), finding that the Appellant had failed to present compelling grounds that Ä¢¹½ÊÓƵDT had exceeded its jurisdiction in restricting its judicial review to a paper-only assessment and not...

Ä¢¹½ÊÓƵAT considered the appeal by the Ä¢¹½ÊÓƵRWA Commissioner-General. Ä¢¹½ÊÓƵAT confirmed the findings and conclusions of the Ä¢¹½ÊÓƵRWA DT judgment under appeal about the illegality of the closure of the investigation into the staff member¡¯s complaints. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had thoroughly conducted the judicial review of the challenged administrative decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had conducted a legitimate exercise when it drew its conclusions from the investigation report. Ä¢¹½ÊÓƵAT held that the irregularities, such as the failure to address the specific harassment complaint, several examples of abuse of...

Ä¢¹½ÊÓƵAT held, agreeing with Ä¢¹½ÊÓƵDT, that the Administration should have removed the offending minutes, written to all recipients of the minutes withdrawing the damaging allegations against Mr. Awe, and/or simply forwarded the fact-finding panel¡¯s report to the participants of the SMT meeting and recipients of the minutes. Ä¢¹½ÊÓƵAT held that the reprimand in the offender¡¯s file and the private apology did not constitute appropriate relief for the restoration of Mr. Awe¡¯s reputation and career. Ä¢¹½ÊÓƵAT considered that any action was taken against Mr. Rutgers (managerial or disciplinary) could have only...

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 an application to Ä¢¹½ÊÓƵAT contesting the Conciliation Committee¡¯s decision to recommend compensation of USD 35,000. Ä¢¹½ÊÓƵAT dismissed the motion of Ms Cohen seeking reconsideration of a Ä¢¹½ÊÓƵAT Order granting the ICJ Registrar additional time to file his answer. On Ms Cohen¡¯s application for permission to reply to the ICJ Registrar¡¯s answer on the grounds that neither the ICJ Registrar nor the Conciliation Committee addressed the testimony on record in their decisions, Ä¢¹½ÊÓƵAT considered that exceptional circumstances existed and granted the motion. Ä¢¹½ÊÓƵAT held that, absent a successful...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in reopening a matter that had already been the subject of a final judgment of Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT considered that Ä¢¹½ÊÓƵDT exceeded its competence and erred in law by making its own determination of Mr Sarwar¡¯s harassment complaint, emphasising that the role of the Tribunal is not to substitute its own decision for that of the Administration. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it rescinded the contested decision to close the matter underlying the Appellant¡¯s formal complaint, and when it ruled that there was no need for a new...

Ä¢¹½ÊÓƵDT¡¯s findings that the former supervisor may have retaliated against the staff member for her work-related conduct and for seeking recourse in the internal justice system and that he used his position of authority to improperly influence her work conditions are supported by the available evidence. Ä¢¹½ÊÓƵAT found that the former supervisor had evicted the staff member from her functions preventing her from carrying out her duties and intended to humiliate and embarrass her by unjustifiably copying uninterested persons in personal and confidential communications concerning her performance. The...

Ä¢¹½ÊÓƵAT held that it was not appropriate to adjudicate the ICAO Secretary-General¡¯s motion regarding the Appellant¡¯s claims impugning the AJAB¡¯s functioning as the ¡®Neutral First Instance Process¡¯ at that stage since the issues raised in the motion would be decided when Ä¢¹½ÊÓƵAT had considered the whole of the evidence in the appeal. Ä¢¹½ÊÓƵAT dismissed the motion. Ä¢¹½ÊÓƵAT held that AJAB had given a very thorough, fair, and informed consideration of the Appellant¡¯s case in which it examined the irregularities alleged. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s submission that AJAB erroneously admitted eight previously...