Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT considered an appeal by Ms. Patkar. Ä¢¹½ÊÓƵAT dismissed the Appellant's argument that the Ä¢¹½ÊÓƵDT erred in fact, law or failed to exercise its jurisdiction in concluding that the Appellant had not been granted sick leave that was then terminated or retracted. The MSD email to the Appellant concerned an evaluation of her fitness to work based on the medical report she had submitted and there was no evidence that the Ä¢¹½ÊÓƵOPS Administration had approved such leave. Ä¢¹½ÊÓƵAT further held that that the Appellant¡¯s entitlement to sick leave did not outlive the expiration of the fixed-term appointment as...

The Appeals Tribunal found that Mr. Karkara failed to show that the Ä¢¹½ÊÓƵDT¡¯s assessment of the evidence had resulted in a manifestly unreasonable decision. It also found that the Ä¢¹½ÊÓƵDT did not make any errors with regard to the admissibility of witnesses. The Ä¢¹½ÊÓƵAT further found that the Ä¢¹½ÊÓƵDT did not commit any procedural error, and Mr. Karkara¡¯s allegations of procedural irregularities did not put the Ä¢¹½ÊÓƵDT¡¯s findings into doubt. Accordingly, the Ä¢¹½ÊÓƵAT agreed that there was clear and convincing evidence of sexual abuse and exploitation by Mr. Karkara. The Ä¢¹½ÊÓƵAT also held that the sanction of...

Ä¢¹½ÊÓƵAT granted the appeal by the Secretary-General and vacated the Ä¢¹½ÊÓƵDT Judgment.

This case was presided by Judge Halfeld, and Judge Murphy drafted the majority opinion. The Majority (Halfeld, Murphy, Raikos and Knierim) dismissed the appeal and held that the appeal was not receivable. Without deciding on the issue whether the Ä¢¹½ÊÓƵDT has an inherent right to hold a non-party in contempt, the Majority found that the appeal did not meet the requirements of the Ä¢¹½ÊÓƵAT Statute. The Majority explained that it had jurisdiction ratione materiae to hear and pass judgment on an appeal pursuant to Article 2(1) of the Statute in which it is asserted that the Ä¢¹½ÊÓƵDT has: (a) exceeded its...

Ä¢¹½ÊÓƵAT considered an appeal by Mr. Andrysek. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT Judgment.

Ä¢¹½ÊÓƵAT considered an appeal by Ms. Modey-Ebi. Ä¢¹½ÊÓƵAT noted that the issues in the appeal were entirely factual, most of which were resolved on the evidentiary record which in most respects established a pattern of misconduct justifying dismissal. Ä¢¹½ÊÓƵAT noted that while some of the proven allegations against Ms. Modey-Ebi were less serious than others, cumulatively they revealed a pattern of unethical conduct indicating that Ms. Modey-Ebi was not suited for the senior position she held. Her behaviour revealed a lack of propriety and integrity and her behaviour was inconsistent with her duties under...

Ä¢¹½ÊÓƵAT considered an appeal by Mr. Rugerinyange. Ä¢¹½ÊÓƵAT noted that Mr. Rugerinyange sought to challenge an administrative decision directly affecting the terms of his new contract as an individual contractor. Therefore, even if the administrative decision of placing him on administrative leave with pay referred to facts which had occurred while he was still a staff member, as he claimed, it affected the new contract and his new capacity as an independent contractor. As such, he had no legal standing before the Ä¢¹½ÊÓƵDT. Accordingly, Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT Order.

Ä¢¹½ÊÓƵAT held that the Appellant did not meet the burden of showing that the Ä¢¹½ÊÓƵDT Judgment was defective on the grounds outlined in Article 2(1) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT fully and fairly considered the Appellant¡¯s allegations and there was no error of law or fact in the Ä¢¹½ÊÓƵDT Judgment. Ä¢¹½ÊÓƵAT held that there was no evidence that the Appellant¡¯s gender or status of being on maternity leave factored into the decision not to renew her contract. Ä¢¹½ÊÓƵAT held that the reasons proffered by the Administration for not renewing the Appellant¡¯s fixed-term appointment, namely the lack of funding...

Ä¢¹½ÊÓƵAT disagreed and distinguished the case at hand with the two cases cited by the Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT explained that in the case at hand, the staff member¡¯s actions could have a substantial reputational impact on the Organization and could also adversely affect the relationship between the Organization, Member States and the Host Country. The Tribunal emphasized that the actions of the staff member went beyond the mere internal affairs of the Organization and in fact the fraudulent act was used as an instrument to avoid legal proceedings in the Host Country. As such, Ä¢¹½ÊÓƵAT concluded that the misconduct...

Ä¢¹½ÊÓƵAT considered an appeal by Mr. Ramsaroop, an appeal by the Secrteary-General and a cross-appeal by Miksch et al. While Ä¢¹½ÊÓƵAT found that it was reasonable for the Ä¢¹½ÊÓƵDT to hold that Miksch et al had a significant chance of selection for the posts, it held that the Ä¢¹½ÊÓƵDT erred by assessing the lost opportunity for Mr. Miyashiro, Mr. Miksch, Mr. Ramsaroop and Mr. Mazioui as enduring until their retirement from the Organization, and compensating accordingly with a cap of two years¡¯ net base salary. Ä¢¹½ÊÓƵAT noted that these applicants had a further opportunity for promotion in the second selection...