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The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding the extensions of administrative leave with pay lawful, as the Administration reasonably assessed the risk to workplace harmony given the appellant¡¯s senior role.

The Ä¢¹½ÊÓƵAT agreed that the refusals to complete ePAS evaluations and to approve a subordinate¡¯s workplan and telecommuting request constituted insubordination under Staff Rule 1.2(a), which requires compliance with instructions properly issued by supervisors. It clarified that staff must follow instructions even if they believe them unlawful, unless criminal, and that ¡°properly issued¡±...

The Ä¢¹½ÊÓƵAT noted that months after the death of the participant in the Fund, the Appellant had produced Pens.A/2 forms purporting to change the designation of the beneficiary of the residual settlement, executed by a thumbprint and not the participant¡¯s signature. The Ä¢¹½ÊÓƵAT also noted the medical evidence of signs of the participant¡¯s dementia.

The Ä¢¹½ÊÓƵAT found that the Appellant had provided no evidence to support the contention that the participant¡¯s mental capacity had improved by the time of thumbprinting the later forms. The Ä¢¹½ÊÓƵAT held that the Fund had not erred when it found those forms...

The Ä¢¹½ÊÓƵAT noted that the staff member had been ranked first on the list of recommended candidates but held that the High Commissioner had been under no obligation to select him, since all the candidates included in the list had been deemed suitable to carry out the functions of the post.

The Ä¢¹½ÊÓƵAT found that the staff member had given no convincing reason on appeal as to why and how an oral hearing before the Ä¢¹½ÊÓƵDT would have impacted the decision of the case.

The Ä¢¹½ÊÓƵAT found that the staff member had not received a wrong performance rating and that the Ä¢¹½ÊÓƵDT had not misrepresented or failed to give...

The Ä¢¹½ÊÓƵAT first considered the staff member¡¯s request for an oral hearing, and decided it was not necessary for the expeditious and fair disposal of his case.

The Ä¢¹½ÊÓƵAT observed that when the only persons present in a physical assault are the perpetrator and the victim, an oral hearing may be useful for reaching credibility findings. However, in this case, the Ä¢¹½ÊÓƵAT noted that the staff member and his counsel agreed that they had no witnesses to present at an oral hearing and preferred to rely on the investigation report. In these circumstances, the Ä¢¹½ÊÓƵDT did not err in not holding an oral hearing...

The Ä¢¹½ÊÓƵAT observed that the Secretary-General elected to limit the scope of his appeal only against the findings of the Ä¢¹½ÊÓƵDT with respect to two of nine instances of alleged misconduct by the former staff member. The Ä¢¹½ÊÓƵAT further acknowledged that the Secretary-General¡¯s contention was that the Ä¢¹½ÊÓƵDT erred in law when it applied the legal tests for harassment and sexual harassment to the two incidents.

Nonetheless, the Ä¢¹½ÊÓƵAT held that to determine the issue on appeal required more than simply an application of the correct legal test. To reach any conclusions requires more than simply regard to...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly found that the contested decision was lawful. It concluded that the preliminary assessment of the former staff member¡¯s complaint revealed no sufficient grounds to indicate that his FRO¡¯s alleged unsatisfactory conduct could amount to misconduct, and, as a result, there was no likelihood that an investigation would reveal sufficient evidence to further pursue the matter as a disciplinary case.

The Ä¢¹½ÊÓƵAT also found that the Ä¢¹½ÊÓƵDT correctly identified the decision subject to judicial review and properly considered and rejected, as a preliminary matter, Mr...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that the Administration lawfully imposed the disciplinary measure of demotion by one grade with deferment for three years of promotion eligibility and gender?sensitivity training. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly applied the governing legal framework, including Staff Rule 1.2(f) and ST/SGB/2008/5, in determining that the staff member¡¯s conduct, an inappropriate remark referencing nudity and a stroking gesture, physical intimidation of a colleague, and leering at female staff, constituted sexual harassment and workplace harassment.

The...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly applied the judicial review tests under Article 2(1)(b) of its Statute. It found that the facts of misconduct were established by clear and convincing evidence, including direct testimony from refugees, corroborating documentary evidence, and hearsay, and that the former staff member had solicited bribes from refugees on multiple occasions between 2010 and 2019 in exchange for assistance with resettlement and other Ä¢¹½ÊÓƵHCR services. It held that the established facts legally amounted to serious misconduct and that the sanction of dismissal was proportionate...

The Ä¢¹½ÊÓƵAT determined that it had been demonstrated by clear and convincing evidence that the former staff member committed serious misconduct by: i) failing to return to the United Nations Federal Credit Union (Ä¢¹½ÊÓƵFCU) funds of USD 587,428.65 that were erroneously credited to her account and to which she was not entitled; ii) failing to comply with a judgment issued by the High Court of Zambia (High Court Judgment), which ordered her to return the aforementioned funds to Ä¢¹½ÊÓƵFCU; and iii) submitting false documentation and/or misrepresenting facts during the investigation conducted by the Office...

The Ä¢¹½ÊÓƵAT held that the former staff member¡¯s challenge to the ALWP decision and the New York position decision was not receivable, as she had not sought management evaluation of those decisions.

Regarding the disciplinary measure, the Ä¢¹½ÊÓƵAT determined that her statements and social media posts constituted unauthorized outside activities amounting to misconduct. It noted that she issued statements, posted articles, and gave interviews without prior authorization, despite repeated warnings. It held that her social media engagements referenced international humanitarian assistance, humanitarian...