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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...

The Ä¢¹½ÊÓƵAT found that Mr. Slayyeh did not file a proper appeal of the impugned Judgment but rather was bringing a new claim for compensation that had not been submitted to the Dispute Tribunal. The Ä¢¹½ÊÓƵAT held that he could not introduce on appeal an issue not previously presented to the first instance tribunal as it is a violation of the due process rights of the other party and does not comply with the two-tier system of administration of justice.

The Ä¢¹½ÊÓƵAT found that the remedies available under Article 10(5) of the Ä¢¹½ÊÓƵRWA DT Statute allow the Ä¢¹½ÊÓƵRWA DT to rescind the contested decision or order...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that the former staff member¡¯s application was not receivable ratione materiae because he did not attempt to resolve the dispute through the office of the United Nations Funds and Programmes Ombudsman, as explicitly required by the Settlement Agreement to which he had expressly agreed. The Ä¢¹½ÊÓƵAT found that the terms of the Settlement Agreement remained binding and enforceable on the parties, and that the Ä¢¹½ÊÓƵDT committed no error in holding the parties to its terms.

The Ä¢¹½ÊÓƵAT further found that the Ä¢¹½ÊÓƵDT did not err in determining that the...

The Ä¢¹½ÊÓƵAT noted that the staff member had applied for vacancies of different posts, at different times, with different selection processes, and had not been selected for different reasons. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had correctly decided that each of these decisions was separate and there was no evidence that they were related. The Ä¢¹½ÊÓƵAT held that she had not met her burden of showing that the impugned Judgment was defective.

The Ä¢¹½ÊÓƵAT held that the application in respect of the post in Pretoria was clearly out of time and in respect of the post in Nairobi premature and, as such, not receivable...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had not erred in finding that it had been proven by clear and convincing evidence that the staff member had engaged in harassment and abuse of authority, used her office for personal reasons to prejudice the position of a colleague, disclosed sensitive information, failed to report the possible misconduct of others, used a personal e-mail address contrary to the applicable provisions, and exchanged inappropriate messages about colleagues.

The Ä¢¹½ÊÓƵAT found that regardless of whether she had been a whistleblower engaged in a protected activity, there was no evidence that...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had not failed to exercise jurisdiction nor committed an error in procedure. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had not exceeded its broad discretion in overruling the objections of the staff member¡¯s counsel when it permitted additional questions by the Secretary-General¡¯s counsel and, in any event, the Ä¢¹½ÊÓƵDT¡¯s ruling had no material or prejudicial impact on the outcome of the case.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had not erred in finding that the picture the staff member had sent to the complainant had been of an explicit sexual and even pornographic character. The Ä¢¹½ÊÓƵAT...

The Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT¡¯s decision to dismiss the former staff member¡¯s request for anonymity, as he had ignored the deadline set by the Ä¢¹½ÊÓƵDT in an Order.

The Ä¢¹½ÊÓƵAT found that the former staff member committed sexual exploitation by engaging in a romantic and sexual relationship with a vulnerable refugee, who put herself in danger in engaging in a premarital relationship with him. He abused his position of trust by promising to marry her to persuade her to have sexual relations with him. When she pushed him about his promises, he threatened her with an investigation that could result in the...