Ä¢¹½ÊÓƵ

It is common cause that the recommendations, acts, or determinations of the Ä¢¹½ÊÓƵEO are without direct legal consequences and do not constitute administrative decisions. The Administration¡¯s rejection of the March 2020 Alternate Chair¡¯s report did not represent a request to the Ethics Office for its review, i.e., ¡°a review of the review¡±. Available documentary evidence is that, within the applicable legal framework, exchanges took place between the Administration, the Ethics Office and OIOS concerning the acceptance or non-acceptance of the March 2020 Alternate Chair¡¯s report and recommendations...

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT made several errors of law and of fact leading to a manifestly unreasonable outcome.

In particular, the Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT erred in refusing to hold a hearing of evidence that Mr. Nkoyock sought to call to establish his defence to the allegations against him and to impeach the Secretary-General¡¯s witnesses. The Ä¢¹½ÊÓƵDT further erred when it failed to reach its own conclusions on disputed facts and relied overly on the internal investigation¡¯s findings. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT also erred in relying on evidence that it had ruled irrelevant and inadmissible...

The Ä¢¹½ÊÓƵAT held that the absence of a case management discussion and an oral hearing before the Ä¢¹½ÊÓƵDT was not a procedural error.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT did not err in admitting and considering the memorandum of allegations of misconduct, as it was used by the Administration only to verify that circumstances warranting the placement of the Appellant on ALWP occurred. The Ä¢¹½ÊÓƵAT also found that the OIOS Investigation Report did not refer to the communications between the Appellant and his counsel, nor to exchanges during a mediation process, but only considered the Appellant¡¯s objective...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not commit an error of procedure in its case management that affected the outcome of the case. The Appellant had a meaningful opportunity to mount a defense and to question the veracity of the statements against him. The additional witnesses that he wished to call would have been of little assistance to his case.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly concluded that the alleged conduct was established by clear and convincing evidence and that the Appellant¡¯s actions, i.e., making inappropriate comments of a sexual nature in social settings, amounted to sexual...

The application is denied.

Mr. Nastase appealed the Ä¢¹½ÊÓƵDT Judgment.

The Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT's finding that it had not been established by evidence that the administrative decision to close his complaint was actuated by bias against him and was therefore unlawful.

The Ä¢¹½ÊÓƵAT dismissed Mr. Nastase's contention that the Ä¢¹½ÊÓƵDT erred in finding that the fact that in 2019, Mr. Nastase had filed a complaint against the CIOS alleging misconduct was unrelated to his performance issues. The Ä¢¹½ÊÓƵAT found that because these events were not part of his complaint of harassment and abuse of authority in relation to his performance...

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the US prime rate. The Applicant¡¯s claim for financial and...

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...

The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.

Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.

In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...