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Mr. Okwir appealed. Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly held that the OiC/OIOS had the authority to take the decision not to investigate Mr. Okwir¡¯s allegations. As Section 4.3 of ST/SGB/2019/2 provides that all subdelegations issued by the predecessor shall remain valid unless otherwise withdrawn or modified by the successor, the Ä¢¹½ÊÓƵDT concluded that the mere fact that the new USG/OIOS began her term did not make subdelegations by the predecessor invalid. Ä¢¹½ÊÓƵAT concluded that on 25 October 2019, both the ASG/OIOS and the newly appointed USG/OIOS were competent to make the decision. The new USG...

Ä¢¹½ÊÓƵAT held that the Appellant had no standing to seek consideration by a full bench. Ä¢¹½ÊÓƵAT held that to the extent Ä¢¹½ÊÓƵDT engaged in a fact-finding exercise of its own, this was not a legitimate exercise of its competence. Ä¢¹½ÊÓƵAT held that the Administration¡¯s failure to provide adequate reasons for the contested decision resulted in the contested decision being unlawful. Ä¢¹½ÊÓƵAT held that the Administration¡¯s failure to exercise its discretion with regard to carrying out an investigation also rendered the contested decision unlawful. Ä¢¹½ÊÓƵAT allowed the appeal in part. Ä¢¹½ÊÓƵAT vacated the Ä¢¹½ÊÓƵDT Judgment by...

The Secretary-General appealed. Ä¢¹½ÊÓƵAT found "questionable" the Ä¢¹½ÊÓƵDT¡¯s finding that the investigation reports were not thorough or procedurally fair. Ä¢¹½ÊÓƵAT was satisfied that the manner in which the inquiry was conducted was adequate for the purposes of a preliminary assessment. Ä¢¹½ÊÓƵAT found that in view of the fact that Ms. Rehman was not given or entitled to the reports, the impugned order of the Ä¢¹½ÊÓƵDT essentially required the OIAI to provide a written, reasoned decision setting out the findings and reasons for its assessment that the complaints should not be referred to an investigation. 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...

The burden of proving the provenance and authenticity of the footage is on the Respondent. The Tribunal found that the challenge as to the evidentiary value of the video can properly be dismissed, given the type of document (a video file), its content (a continuous show of people interacting with no discrepancies) and the comments on it by the Applicant (as mentioned). The Tribunal found that a forensic examination of the files was not necessary and that the anonymity of the sources did not undermine its clear and objective content. In this case, the Applicant was not simply careless to have...

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 affirmed that the circumstances of the allegation of unsatisfactory conduct in the present case created the obligation to initiate a preliminary investigation. However, Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵDT erred in awarding damages to Mr Abboud while finding that he had not suffered any economic loss and that no actual damage existed. Ä¢¹½ÊÓƵAT rescinded the Ä¢¹½ÊÓƵDT¡¯s judgment to the extent that it awarded damages to Mr Abboud.

Ä¢¹½ÊÓƵAT preliminarily held that the appeal should be regarded as timely because the initial submission in Arabic was received within the prescribed time limit. Ä¢¹½ÊÓƵAT noted that the fact-finding committee acted in an objective and responsible manner in conducting its investigation and assessing the charges. Ä¢¹½ÊÓƵAT noted that there was clear and convincing evidence supporting a finding of misconduct, which was not successfully rebutted by the Appellant, which alone was a sufficient basis for the impugned decision. Given the established misconduct and the seriousness of the incident, Ä¢¹½ÊÓƵAT held that it...

Ä¢¹½ÊÓƵAT considered appeals by both the Secretary-General and Mr Yapa. On the issue of the two-year ban on promotion, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error of law in considering that the general legal principle that a sanction may not be imposed on any person unless expressly provided for by a rule in force on the date of the facts held against that person must be respected in disciplinary matters. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err on a question of law in finding that the sanction of a two-year ban on promotion lacked a legal basis. On the written censure and demotion, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Mr Marshall. Regarding the Secretary-General¡¯s appeal, Ä¢¹½ÊÓƵAT held that any reasonable or logical reading of Staff Regulation 1. 2 mandated the Organisation to investigate when the Complainant, in her letter of 15 August 2005, called Mr Marshall¡¯s conduct into question. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had erred in law and fact in determining otherwise. Ä¢¹½ÊÓƵAT held that there was no basis in law or fact for the pronouncements made by Ä¢¹½ÊÓƵDT in paragraphs 112-113 of its judgment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had applied an unduly restrictive...