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The decisive fact relied on by the Secretary-General to justify a revision of the Ä¢¹½ÊÓƵAT judgment is said to be that Mr. Russo-Got inserted false information in his candidature regarding his alleged experience with NATO. The Secretary-General submits that he first became aware of this fact formally when it was made known to Ä¢¹½ÊÓƵOPS after the issuance of the Ä¢¹½ÊÓƵAT judgment.

Ä¢¹½ÊÓƵAT held that the facts advanced by the Secretary-General, namely the allegedly false information Mr. Russo-Got had inserted in his candidature, could not be decisive of the Secretary-General¡¯s case and enable him to now...

Mr. Zeid appealed. As a preliminary matter, Ä¢¹½ÊÓƵAT dismissed Mr. Zeid's request for an oral hearing finding that the factual and legal issues arising from the appeal had already been clearly defined by the parties; and that an oral hearing would not ¡°assist in the expeditious and fair disposal of the case¡±. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT correctly found that there was no evidence of a request for decision review, that the e-mail exchanges whereby Mr. Zeid had made inquiries regarding the reasons for the contested decision were not a request for decision review, but rather were informal attempts to...

Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵRWA DT¡¯s analysis of whether Mr. Faour had timely requested review of the decision not to renew his contract, the Ä¢¹½ÊÓƵRWA DT focused on Mr. Faour¡¯s omnibus letter (of 17 December 2018) to his superior containing many complaints, including a request for review of his performance review, but no request for review of the contested decision (the non-renewal of his contract). Ä¢¹½ÊÓƵAT found, however, that other correspondence from Mr. Faour that was within the statutory 60 days to request a decision review did fulfill the minimum criteria required by Ä¢¹½ÊÓƵAT judgments: it identified the...

Whether there was a genuine restructuring process In the present case, there is no evidence that the restructuring exercise was not genuine. Instead, the evidence shows that there was a genuine, large-scale restructuring, and this resulted in numerous staff members and non-staff personnel being separated from service. The restructuring of WSSCC was in effect the shutting down of WSSCC and the establishment of the SHF. Moreover, the strong donor support shows that it was a genuine restructuring. As the donors have a fundamental objective to ensure that the funds they provide are appropriately...

The Tribunal found that with clear and convincing evidence, the Respondent only managed to establish that the Applicant intended to assert some, albeit ineffective, pressure on BM in the hiring process of daily workers. Under Sanwidi, the Tribunal found that the termination of the Applicant¡¯s appointment was manifestly incorrect and led to a disproportionate outcome. The contested decision was therefore unlawful.

Considering its findings on the unlawfulness of the contested decision, the Tribunal found that the most appropriate remedy would be to rescind this decision (in comparison, see...

Scope of judicial review and the contested decision The Applicant described the contested decision as a failure to implement ¡°measures to promote a harmonious work environment and protect personnel from prohibited conduct through preventive measures¡±. As remedies, the Applicant sought damages for moral harm and emotional distress resulting from the Administration¡¯s breach of its duty to ensure a harmonious work environment. Accordingly, the Applicant seeks to contest the Administration¡¯s failure to take appropriate measures to promote a harmonious work environment and protect him from...

In sum, considering the nature and gravity of the Applicant¡¯s misconduct, as well as the past practice of the Organization in matters of comparable misconduct, the Tribunal finds that the imposed disciplinary and administrative measures were adequate in light of the Administration¡¯s scope of discretion in this matter.

The Tribunal finds that the Respondent¡¯s explanation as to why the Applicant¡¯s post was the one chosen for abolition is well substantiated. There was a genuine large scale restructuring due to severe budget cuts, which resulted in other staff members being separated from service, including the Applicant, and there was a legitimate explanation for the recruitments and vacancies that were not cancelled. The presumption of regularity was satisfied. Since the Applicant cannot convincingly show why his post should not have been abolished even though the posts of dozens of other staff members...

Whether the facts on which the disciplinary measure was based have been established In determining whether the standard of proof has been met, the Tribunal ¡°is not allowed to investigate facts on which the disciplinary sanction has not been based and may not substitute its own judgment for that of the Secretary General¡±. Thus, it will ¡°only examine whether there is sufficient evidence for the facts on which the disciplinary sanction was based¡± (see Nadasan 2019-Ä¢¹½ÊÓƵAT-918, para. 40). As such, the Tribunal considers to be irrelevant the Applicant¡¯s submission that the facts on which the...

On the due process prong, the Tribunal concluded that the alleged failures and shortcomings in the investigation process did not prejudice the Applicant¡¯s case. Accordingly, the Tribunal held that the Applicant¡¯s due process rights were guaranteed. On whether the facts were established by clear and convincing evidence, the Tribunal found that the Applicant had discussed an amended procurement bid to enable LL to be awarded the procurement contract; that, as a result, the bid was fraudulently amended and with the Applicant¡¯s acquiescence. Thus, the Tribunal held that the Respondent had...