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The Ä¢¹½ÊÓƵAT first concluded that the Ä¢¹½ÊÓƵDT erred by failing to specify whether the alleged misconduct of sexual exploitation had been established to the required evidentiary standard of clear and convincing evidence. Second, the Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had erred in concluding that the victim was a vulnerable person, that Mr. Stefan was aware of her vulnerability, and that he sexually exploited her vulnerability. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred when it made this finding without any independent or medical evidence, and that the Ä¢¹½ÊÓƵDT had relied on its own Internet research regarding various...

The Ä¢¹½ÊÓƵAT held that the ICAO Appeals Board implemented internal changes in its law to satisfy the requirements of Article 2(10) of the Appeals Tribunal Statute. It found that the Appeals Board no longer provided only advice or mere recommendations to the ICAO Secretary General, but rather final decisions and, therefore, was a neutral first instance process. It further found that while it might have been open to ICAO to consider using the Ä¢¹½ÊÓƵDT for resolution of staff member disputes, it was free not to do so and cannot be criticised for doing as it did. It concluded that the Appeals Board¡¯s...

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...

As a preliminary matter, the Ä¢¹½ÊÓƵAT granted AAM¡¯s request for anonymity. Considering that the Judgment set out medical details regarding AAM, the Ä¢¹½ÊÓƵAT found it necessary to protect his confidential information.

The Ä¢¹½ÊÓƵAT found that there were four issues for adjudication on appeal: 1) whether AAM¡¯s appeal was moot/premature in light of a pending medical determination; 2) whether the Ä¢¹½ÊÓƵDT erred in finding that the Controller had the delegated authority to deny AAM¡¯s claim for compensation under Appendix D; 3) whether the Ä¢¹½ÊÓƵDT erred in finding that the decision of the Controller was reasonable...

The Ä¢¹½ÊÓƵAT held that the JAB made considerable internal changes in its law to satisfy the requirements of Article 2(10) of the Appeals Tribunal Statute. It found that the JAB no longer provided only advice or mere recommendations to the ISA Secretary-General, but rather final decisions and, therefore, was a neutral first instance process.

The Ä¢¹½ÊÓƵAT found that the plain reading of the facts left no doubt that: i) at the time when the contested decision was taken, there was no willingness of abandonment of post by the Appellant; ii) despite his poor mental health condition that was medically...

The Ä¢¹½ÊÓƵAT held that there was no reason why the Appeals Tribunal should intervene and modify the Ä¢¹½ÊÓƵDT¡¯s findings, which were both reasonable and equitable. The Ä¢¹½ÊÓƵAT noted that while the hiring of the casual workers was not part of Mr. Saleh¡¯s official duties, Mr. Saleh coordinated and supervised the work of the Ä¢¹½ÊÓƵHCR implementing partner which was responsible for hiring at the warehouse, and Mr. Saleh also had the function of overseeing the warehousing operations. Given these responsibilities, as well as his previous intense involvement in the setting up and management of the warehouse, which...

The Tribunal held that the Applicants had produced no evidence to support the premise that heterosexual couples would be awarded more days of leave than same-sex couples. The Tribunal, therefore, concluded that the claim of unequal treatment had not been proven by the Applicants. Accordingly, the application was denied.

The Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing. It found that it would add nothing to his case presented in writing to hear from him in person and that an oral hearing would not assist in the expeditious and fair disposition of the case.

The Ä¢¹½ÊÓƵAT held that much of the submissions advanced by the Appellant did amount to a resubmission of the case put to the Ä¢¹½ÊÓƵDT but which it did not accept.

The Ä¢¹½ÊÓƵAT found that the WSSCC structure was closed down on 31 December 2020 at the instigation of its donors and replaced by another organisation (the Sanitation and Hygiene Fund). It...

After requesting additional findings of fact from the Ä¢¹½ÊÓƵDT, the Ä¢¹½ÊÓƵAT reconsidered an appeal by the staff member following the prior remand.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT¡¯s judgment had failed to make a single mention of the nature, content or purpose of the testimony adduced under oath before it but was based entirely on hearsay evidence drawn exclusively from the investigation report and other documents. The Ä¢¹½ÊÓƵAT found problematic the fact that the Ä¢¹½ÊÓƵDT made no pronouncement as to why it exclusively relied on hearsay evidence and gave no reason why the evidence was not given by the person...

The Ä¢¹½ÊÓƵAT considered an appeal by the participant in the Fund.

The Ä¢¹½ÊÓƵAT found that the facts suggest that the participant¡¯s withdrawal settlement funds were paid into a bank account which had not been opened by him. At the same time, there were unanswered questions as to how the participant had bank statements and cancelled cheques from this account if he had not opened it. In addition, given the mismatch between the participant¡¯s name and the name of the holder of the bank account, there was no explanation as to why the wire transfer had been allowed to proceed and had not been rejected.

The...