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The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that the staff member¡¯s action of gifting a sex toy to a subordinate was inappropriate, as it transgressed the boundary between the professional and personal life of the subordinate, even if the event took place in private. Whether solicited or not, it had the potential to negatively impact the image and interests of the Organization. Consequently, the Ä¢¹½ÊÓƵAT concluded that by doing so, the staff member failed to uphold the required standard expected of her role as a manager.

The Ä¢¹½ÊÓƵAT also found that the Ä¢¹½ÊÓƵDT committed no error in finding that...

The Ä¢¹½ÊÓƵAT, by the rationale applicable to appeals and specific claims, allowed the staff member to withdraw the earlier motion without justification. The Ä¢¹½ÊÓƵAT granted the motion to withdraw the motion to increase the page limit of the appeal brief.

The Tribunal recalled that the regulatory framework on termination for facts anterior does not limit it to cases where there has been a proven prior factual finding of misconduct or a conviction of crime. What is required is that there must be a fact anterior that detracts from the suitability of the prospective recruit due to concerns of efficiency, competence, and integrity. The fact must be of so serious a nature that it would have precluded the staff member¡¯s appointment if it had been disclosed to the Organization during the recruitment process.

In the instant case, the Tribunal...

The Tribunal initially ordered that, in accordance with the Appeals Tribunal in Villamoran 2011-Ä¢¹½ÊÓƵAT-160, the contested should not be implemented during pendency of the present proceedings and before it had adjudicated all matters of the present case.

As the Applicant filed the application to the Dispute Tribunal after the selection had already been implemented, the application for suspension of action was therefore not receivable.

The Tribunal DECIDES that the Application is rejected.

The Applicant claims that the Administration¡¯s indication that she will only be entitled to be considered for her long service step increment in August 2028, instead of August 2026, contravenes the terms of the settlement agreement signed previously. The issues the Tribunal considered for the purpose of receivability were, therefore, whether the subject matter of the application was one of the terms of the Agreement and whether the Agreement had been implemented or not.

In the Tribunal¡¯s view, the record did not allow to conclude that the deferment of eligibility for increment was a matter...

The Tribunal held that:

a. The facts upon which the Applicant was reproached do not amount to misconduct;

b. it was not part of the Applicant¡¯s remit to verify where the staff members were located;

c. The issue regarding the Applicant¡¯s factual knowledge of where the other staff member resided during the period in question was based on conjecture;

d. The Respondent had not adduced any evidence to indicate that the Applicant always and effectively knew where the other staff member was residing in each moment, or had any knowledge of that staff member's relationship with the owners of any of...

The Applicant's motion for interim measure is made in the context of a series of applications arising from decisions taken because of allegations of misconduct against the Applicant, which involved sexual harassment and sexual abuse. Such misconduct is recognized in the regulatory framework as of such gravity that it provides an exceptional basis for placing a staff member on ALWOP pending the conclusion of the investigation. The Applicant contends that, based on new information available, there is no longer any basis for a finding that there is a preponderance of evidence that he engaged in...

It was undisputed and established by clear and convincing evidence that the Applicant engaged in several instances of outside activities. It was further undisputed that the Applicant was advised to seek authorization for her online activities. The Applicant¡¯s challenge, therefore, is limited to the characterization of the established conduct as outside activities and, consequently, as misconduct.

Whether the facts on which the disciplinary measure was based have been established by clear and convincing evidence

Based on the evidence on record, the Tribunal found that the Applicant was aware that...

Having examined the evidence on record, the Tribunal identifies the following issues for determination:

Whether the Applicant is entitled to parental leave under staff rule 6.3

The Tribunal found that the Applicant, whose child was born on 2 May 2022, was entitled to four weeks of paternity leave or eight weeks of adoption leave under the 2018 Staff Rules and ST/AI/2005/2, which he exercised. He was not, as he contends, ¡°placed in a no-man¡¯s land between two [Administrative Instructions]¡±.

The fact that the Applicant requested and was exceptionally granted additional leave after 1 January 2023 is...