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The Ä¢¹½ÊÓƵAT noted that the simple issue arising in this appeal was whether it was appropriate and correct for the judge to have proceeded with the application for review of the contested decisions while the motion for recusal was pending. The Ä¢¹½ÊÓƵAT held that the straightforward answer is that it was not.

An application for recusal can be brought at any time in the proceedings and is usually a difficult strategic choice for the party making the challenge. Such an application is made, typically, at the moment the party loses confidence in the judge. Its timing will depend on the circumstances. The...

Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵJSPB decision.

Ä¢¹½ÊÓƵAT recalled that at the time of Mr. Arigon¡¯s entry into participation in 2002, Article 24 did not allow him the option to restore his prior contributory service because that option was limited to participants whose previous period of contributory service was less than five years and who had received a withdrawal settlement; neither of which applied to him. When the 2007 amendment to Article 24 was introduced, he had a one-year window, from 1 April 2007 to 1 April 2008, during which he could elect to restore his prior period of...

Ä¢¹½ÊÓƵAT held that Mr. Saleh¡¯s complaints of procedural unfairness were unsustainable for the reasons stated by the Ä¢¹½ÊÓƵDT and he had not discharged the burden incumbent upon him to satisfy the Appeals Tribunal that the Ä¢¹½ÊÓƵDT Judgment was defective in that regard. He merely repeated the untenable submissions he made before the Ä¢¹½ÊÓƵDT.

Ä¢¹½ÊÓƵAT took note that Mr. Saleh admitted to two counts of fraud. Ä¢¹½ÊÓƵAT then held that Mr. Saleh¡¯s conduct unquestionably damaged the trust relationship and the Ä¢¹½ÊÓƵDT was correct to defer to the reasonable conclusion of the Administration that the damage was irreparable and...

The Secretary-General appealed the Ä¢¹½ÊÓƵDT Judgment.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT failed to address OAI¡¯s investigation report, the acceptance of which led to Ms. Lekoetje¡¯s severance from service. The investigation report was an important evidential element which should have been, but was not, examined and analyzed by the Dispute Tribunal. The Ä¢¹½ÊÓƵDT was wrong to have dismissed the allegations of misconduct against Ms. Lekoetje without considering the investigation report¡¯s evidence of them.

Because of the intertwined natures of the two relationships between Ä¢¹½ÊÓƵDP and Ms. Lekoetje (landlord...

AAF appealed.

The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the Secretary-General had not committed any procedural errors which would have render the contested decision unlawful.

The Ä¢¹½ÊÓƵAT held that the shortcomings under Section 2.2 of ST/SGB/2019/3 could only be regarded as substantial procedural irregularities (rendering the refusal to implement flexible working arrangements unlawful) if the lack of providing such reasoning had impacted the staff member¡¯s due process rights, namely his or her possibility of challenging the administrative decision before the Ä¢¹½ÊÓƵDT. As the Secretary-General had...

Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the first two claims should be dismissed. The Appellant did not provide sufficient evidence showing that her candidacy was not given full and fair consideration. Regarding the generalized complaint of harassment, Ä¢¹½ÊÓƵAT agreed that the application on this question was not receivable.

However, in regards to the finding that the Administration abused its authority in mishandling the Appellant¡¯s sexual harassment complaint, Ä¢¹½ÊÓƵAT held that there was an error in procedure. The Appellant made a motion to admit additional evidence, and the Ä¢¹½ÊÓƵDT made no ruling on this...

Ä¢¹½ÊÓƵAT considered an appeal by Ms. Banaj against Judgment No. Ä¢¹½ÊÓƵDT/2021/030.

Ä¢¹½ÊÓƵAT held that a reallocation of duties pending the outcome of an investigation as occurred in Ms. Banaj¡¯s case is permissible as an interim measure in such circumstances, but not as the exercise of the general power of assignments available to the Secretary-General in Staff Regulation 1.2(c) [¡­] But, under Staff Rule 10.4 and the Framework relating to interim measures pending an investigation and disciplinary process, there is an alternative measure of reallocation of duties available in such cases where the...

The crucial question on appeal was whether the Ä¢¹½ÊÓƵDT committed any error when it only referred for accountability the Chief of Investigations of OIAI but not the ED and other staff members of Ä¢¹½ÊÓƵICEF. The Ä¢¹½ÊÓƵAT held that there was no error in the Ä¢¹½ÊÓƵDT judgment, because it was within the Dispute Tribunal¡¯s discretion to reject the applicant¡¯s request for referral. The Ä¢¹½ÊÓƵDT¡¯s legal approach was correct. The Ä¢¹½ÊÓƵDT decided not to refer the ED of Ä¢¹½ÊÓƵICEF for accountability because it was not shown that she had had any influence in the handling of applicant¡¯s complaint. Ms. Dettori also did not show on...

Ä¢¹½ÊÓƵAT considered an appeal by Mr. Al Othman against Ä¢¹½ÊÓƵRWA Judgment No. Ä¢¹½ÊÓƵRWA/DT/2020/073. It also considered a cross-appeal by the Commissioner-General of Ä¢¹½ÊÓƵRWA, to the extent that the Judgment awarded Mr. Al Othman compensation.

Ä¢¹½ÊÓƵAT held that there was clear and convincing evidence established that Mr. Al Othman committed the alleged offences. The Ä¢¹½ÊÓƵRWA DT conclusions were accurate, based on evidence on record and common knowledge and Ä¢¹½ÊÓƵAT found no reason to differ from them. Ä¢¹½ÊÓƵAT shared the Ä¢¹½ÊÓƵRWA DT¡¯s view that the only reasonable conclusion available to the trial Judge, resulting from the...

The Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵDT erred in considering that the different periods of ALWOP on which Mr. Okwakol was placed, were the subject of a single and continuing administrative decision. The Ä¢¹½ÊÓƵAT held that each of the three identifiable periods was the subject of consideration or reconsideration of the circumstances at that time. On each occasion, the Organisation took a decision about the state of the misconduct investigation and its ongoing nature and advised Mr. Okwakol accordingly. It was not decisive or even material that the renewals of the ALWOP were referred to as extensions of...