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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...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT correctly exercised its broad discretion with regard to its case management in concluding that the record before it was sufficient to render a decision without an oral hearing. It concluded that the Appellant has not presented any grounds as to why an oral hearing would have been necessary and thus did not show that the Ä¢¹½ÊÓƵRWA DT exercised its discretion in such manner as to affect the outcome of the case, as required by Article 2(1)(d) of the Appeals Tribunal Statute.

With regard to the Appellant¡¯s argument that the non-selection decision was unlawful because...

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

The Ä¢¹½ÊÓƵAT found that, in his appeal, the staff member failed to state the grounds of appeal, identify the defects of the impugned judgment and demonstrate on which grounds it was erroneous.

The Ä¢¹½ÊÓƵAT noted that, in reaching its conclusion, the Ä¢¹½ÊÓƵRWA DT found that the staff member admittedly did not submit a request for decision review. The Ä¢¹½ÊÓƵRWA DT did not err when it found that the staff member¡¯s application was on that basis not receivable ratione materiae.

The Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed Judgment No. Ä¢¹½ÊÓƵRWA/DT/2022/022.

The Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing. It held that, pursuant to Article 18 of the Appeals Tribunal Rules of Procedure, an oral hearing would not be of any assistance in this case as the issue for consideration was straightforward and not complex.

The Ä¢¹½ÊÓƵAT found that the Appellant¡¯s attempt to broaden the scope of the issue for consideration was untenable. The Ä¢¹½ÊÓƵAT concluded that it was clearly agreed at the case management discussion (CMD) that the issue for determination was the desired reclassification of Mr. Menon's post from the P-4 to the P-5 level and that the...

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 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...

Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the first two claims should be dismissed. The Appellant did not provide sufficient evidence showing that her candidacy was not given full and fair consideration. Regarding the generalized complaint of harassment, Ä¢¹½ÊÓƵAT agreed that the application on this question was not receivable.

However, in regards to the finding that the Administration abused its authority in mishandling the Appellant¡¯s sexual harassment complaint, Ä¢¹½ÊÓƵAT held that there was an error in procedure. The Appellant made a motion to admit additional evidence, and the Ä¢¹½ÊÓƵDT made no ruling on this...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT judgment was problematic because the Ä¢¹½ÊÓƵDT's findings seemed to be based entirely on hearsay evidence, i.e., the findings in the OIOS investigation report. The Ä¢¹½ÊÓƵAT observed that the Ä¢¹½ÊÓƵDT judgment failed to explain the evidentiary basis of its conclusion that sexual harassment was highly probable, and made no explicit or precise findings in relation to the evidence given under oath at the hearing. The failure of the Ä¢¹½ÊÓƵDT to make findings about the testimony it heard made the appeal well-nigh impossible. The Ä¢¹½ÊÓƵAT noted that there was no transcript of the hearing, and...

Mr. Jibril appealed.

As regards the request for an oral hearing, the Ä¢¹½ÊÓƵAT held that the factual and legal issues arising from this appeal had already been clearly defined by the parties and there was no need for further clarification. Moreover, an oral hearing would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the Ä¢¹½ÊÓƵAT Rules of Procedure. Accordingly, the request for an oral hearing is denied.

The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵRWA DT that the challenged administrative decision to place Mr. Jibril on Administrative Leave With Pay (ALWP) was lawful. ...

Mr. Hassan appealed the Ä¢¹½ÊÓƵDT judgment.

The Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate that the Ä¢¹½ÊÓƵDT erred in finding that his application was not receivable ratione personae. Ä¢¹½ÊÓƵAT concluded that at the time of the contested non-selection decision, the Appellant had been separated from service for more than a year and was no longer a staff member. He was an external candidate with no standing to challenge the decision not to select him for the new position of Resettlement Associate, as the decision was not affecting his former terms of appointment. Moreover, there was no offer of...