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The Applicant essentially contests the Administration¡¯s execution of Judgment Ozturk 2018- Ä¢¹½ÊÓƵAT-892, i.e., the Administration¡¯s reimbursement of USD41,173 made on 7 May 2019 for excess salary deducted pursuant to a child support court order.

While the Applicant sought to identify the Ä¢¹½ÊÓƵMIK Administration¡¯s email response dated 19 January 2023 as a contested decision, that email merely constitutes a mere reiteration of the Administration¡¯s decision of 7 May 2019, and thus it does not constitute a new administrative decision.

The Applicant first became aware of the contested decision on 7 May...

The Applicant claims that several events of prohibited conduct occurred between 2018 and 2022 affecting him. However, he did not follow the procedural path under Bulletins ST/SGB/2008/5 (Prohibition of discrimination, harassment, including sexual harassment, and abuse of authority) and ST/SGB/2019/8 (Addressing discrimination, harassment, including sexual harassment, and abuse of authority) for the handling of formal reports of prohibited conduct and the Dispute Tribunal does not have jurisdiction to conduct an investigation into such allegations.

There is no evidence that the Applicant ever...

The Ä¢¹½ÊÓƵAT held that the ISA JAB was correct in determining that Ms. Nguyen was: (1) not entitled to a repatriation grant from ISA; (2) not entitled to payment for unused accrued annual leave, which was transferred to her subsequent employer, Ä¢¹½ÊÓƵRWA; (3) not entitled to reimbursement for certain school supply expenses; and (4) not entitled to the non-removal allowance, which was a discontinued benefit. However, the Ä¢¹½ÊÓƵAT also held that the ISA JAB erred in denying Ms. Nguyen a relocation grant, and erred in denying her the travel expenses and travel time from Kingston, Jamaica to New York. The...

The Ä¢¹½ÊÓƵAT dismissed the Secretary-General¡¯s appeal and granted Mr. Rolli¡¯s cross-appeal in part. The Ä¢¹½ÊÓƵAT found that the rescission of the termination decision ordered by the Ä¢¹½ÊÓƵDT was ¡°pointless¡± since by the time the case had reached the Ä¢¹½ÊÓƵDT, Mr. Rolli¡¯s post had been abolished. The Ä¢¹½ÊÓƵAT accordingly held that in these circumstances, compensation had to fall under Article 10(5)(b) and be for harm caused by the unlawful decision. The harms he suffered included the loss of his remuneration and benefits (education and pension entitlements), the specific losses resulting of his ceasing to be...

The Ä¢¹½ÊÓƵAT dismissed Mr. Ponce-Gonzalez's appeal. The Ä¢¹½ÊÓƵAT dismissed Mr. Ponce-Gonzalez¡¯s argument of apprehension of partiality of the hiring manager claiming that there was an improper motive to unfairly eliminate him. The Appeals Tribunal found that the mere fact that the hiring manager was involved in two selection exercises in which Mr. Ponce-Gonzalez was not successful did not indicate any partiality, but rather a regular exercise of the Administration¡¯s routine of selecting candidates for advertised positions. The Ä¢¹½ÊÓƵAT further found that the Ä¢¹½ÊÓƵDT did not err in finding no irregularity in...

The Ä¢¹½ÊÓƵAT dismissed the appeal. It held that the Ä¢¹½ÊÓƵDT erred in its consideration of the Administration¡¯s assessment of Mr. Ponce-Gonzalez¡¯s experience against the evaluation criteria; the Ä¢¹½ÊÓƵDT also erred when it rescinded the cancellation of the selection process, invalidating the reason then given that ¡°none of the rostered candidates had met all of the required and desirable criteria of the job opening¡±, and concluding that ¡°at least one of the rostered candidates (the Applicant) met and exceeded all criteria¡±. In so doing, the Ä¢¹½ÊÓƵDT improperly appropriated the discretion of the Secretary...

The Ä¢¹½ÊÓƵAT dismissed the appeal. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly found not receivable Ms. Raschdorf's application with respect to the non-renewal decision and the ABCC¡¯s decision given Ms. Raschdorf's failure to request management evaluation. The Ä¢¹½ÊÓƵAT found that contrary to Ms. Raschdorf's contention, the non-renewal decision was not taken subsequent to advice from a technical body. As to the ABCC's decision on whether the claim was time-barred, the Ä¢¹½ÊÓƵAT found that that decision was not based on a consideration of a medical evaluation but was concerned with the timeliness of the...

The Ä¢¹½ÊÓƵAT dismissed the appeal. The Ä¢¹½ÊÓƵAT found that AAL was given notice of the need for her to return to the duty station, as well as sufficient opportunity to apply for sick leave. However, she did not request such sick leave, nor did she return to work, leaving no option for the Administration other than to place her on SLWOP. She also failed to provide evidence that there were ¡°compelling personal circumstances¡± so as to engender a decision to allow her to continue to telecommute from outside her official duty station. The Ä¢¹½ÊÓƵAT further found that the Ä¢¹½ÊÓƵDT did not err in finding that AAL...

The Ä¢¹½ÊÓƵAT dismissed the appeal. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that Mr. Reiterer had committed the alleged misconduct. The Ä¢¹½ÊÓƵAT agreed with the finding of the Ä¢¹½ÊÓƵDT that the established facts amounted to misconduct on the part of Mr. Reiterer, namely that he violated ST/SGB/2008/5 concerning count one and ST/AI/2013/4 concerning count two. The Ä¢¹½ÊÓƵAT further found that given the nature and the specific facts surrounding Mr. Reiterer¡¯s misconduct, the sanction of demotion by one grade with deferment, for one year, of eligibility for consideration for promotion, was not...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had not erred in holding that there had been clear and convincing evidence that the staff member harassed other staff members over a substantial period of time, and that this behaviour constituted serious misconduct. The Ä¢¹½ÊÓƵAT affirmed that there was clear and convincing evidence to support the seven allegations that Ms. Iram used abusive language, made insulting remarks, shouted and bullied individuals, engaged in inappropriate touching, and made unwelcome contacts with individuals at their homes after working hours. The Ä¢¹½ÊÓƵAT found that the staff member¡¯s due...