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The Ä¢¹½ÊÓƵAT concluded that as a long-serving member of the Secretariat, Mr. Guenfoudi was aware of the required standards of performance for his function as a Verbatim Translator. The Ä¢¹½ÊÓƵAT also held that he had been given a fair opportunity to address his performance shortcomings, but he refused to participate in the two performance improvement plans. The Ä¢¹½ÊÓƵAT found that the Organization¡¯s legal framework was clear that termination was a foreseeable action following two consecutive years of substandard performance ratings. The Ä¢¹½ÊÓƵAT also found that Mr. Guenfoudi¡¯s allegations that his...

The Tribunal, based on the evidence on the record, established that there was clear and convincing evidence that the Applicant was involved in the fraudulent scheme and in the attempt to interfere with the investigation into that scheme by inducing a witness to lie to investigators.

Regarding misconduct, the Tribunal concluded that it was clear that the established facts qualified as serious misconduct.

On the due process prong, the Tribunal concluded that the Applicant¡¯s due process rights were respected during the investigation and disciplinary process.

On whether the sanction was...

The Ä¢¹½ÊÓƵAT considered an appeal by the staff member.

The Ä¢¹½ÊÓƵAT found that the staff member had merely made unsubstantiated general claims about having the requisite skills and experience for his post to be retained.

The Ä¢¹½ÊÓƵAT was of the view that, as the Ä¢¹½ÊÓƵDT had correctly held, the staff member had failed to discharge the evidentiary burden to rebut the presumption of regularity that arose from the minimal showing of a rational basis for the decision.

The Ä¢¹½ÊÓƵAT found that the record confirmed that there was a genuine restructuring that led to the retrenchment of 29 staff members.

The record...

The Ä¢¹½ÊÓƵAT considered an appeal by the staff member.

The Ä¢¹½ÊÓƵAT found that because of a combination of the staff member¡¯s failure to recall the events in question and of the Ä¢¹½ÊÓƵDT¡¯s decision (concurred in by the parties) not to hold an in-person hearing, the Ä¢¹½ÊÓƵDT had appropriately referred to the investigation report.

The Ä¢¹½ÊÓƵAT was of the view that the Ä¢¹½ÊÓƵDT had correctly determined the staff member¡¯s acts were sexual in nature. The staff member had, without invitation, encouragement or consent, embraced two different women in a sexual manner at a party at a staff retreat. The Ä¢¹½ÊÓƵAT held that the...

The Tribunal, based on the evidence on the record established that the invoice and the medical report that the Applicant submitted to Cigna were not authentic. The Tribunal held that this was enough to substantiate the accusation that the Applicant used false documents to receive improper and undue economic benefits from Cigna. The Tribunal further concluded that no evidence was offered of the effectiveness of the medical treatment. The Tribunal, therefore, concluded that there was clear and convincing evidence that the Applicant engaged in misconduct through his submission of a fraudulent...

The Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT erred in its determination.

The Ä¢¹½ÊÓƵAT was of the view that in accordance with the Area Staff Rules, which provided for the application of the last published interest rate up to and including the month immediately preceding payment to the calculation of a staff member¡¯s Provident Fund benefits. Given that the staff member made his request on 23 December 2020, the applicable legal instrument in the present case was PFS/19/2020 issued on 12 December 2020, and not PFS/20/2020 issued on 13 January 2021 as...

Having received the notification of the disciplinary measure on 20 March 2023, the Applicant should have filed his application at the latest by 19 June 2023. The evidence on record shows, however, that the Applicant only filed his application on 21 June 2023.

In his submission dated 17 July 2023, the Applicant recognized his lateness and asked the Tribunal to exceptionally receive his application for several reasons. These reasons are not supported by evidence, and the Applicant did not explain how the alleged challenges impacted his ability to timely file his application.

While there are...

The application fails in its entirety.

The Ä¢¹½ÊÓƵAT first dismissed as not receivable Mr. Loto¡¯s appeal of the Ä¢¹½ÊÓƵDT¡¯s Order denying his motion to strike an audio-recording and certain pleadings submitted by the Secretary-General. The Ä¢¹½ÊÓƵAT held that these matters could be addressed in Mr. Loto¡¯s appeal of the judgment on the merits of his application.

The Ä¢¹½ÊÓƵAT was satisfied that the Ä¢¹½ÊÓƵDT correctly admitted the audio-recording of the meeting between the alleged victim, Mr. Loto and others, as the recording assisted in resolving any evidential conflict about what transpired at this meeting, in which payment to the victim was discussed...

The motion is ill-founded and dismissed.