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The Ä¢¹½ÊÓƵAT noted that the staff member publicly engaged in acts of a sexual nature in a clearly marked United Nations vehicle, bringing disrepute to the Organization and difficulties with the host country.

The Ä¢¹½ÊÓƵAT found that the case was not one where the issues required the Ä¢¹½ÊÓƵDT¡¯s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a Ä¢¹½ÊÓƵDT hearing had not affected its decision. The Ä¢¹½ÊÓƵDT had before it a video clip depicting the actions in question, which were clearly of a sexual nature.

The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the lawfulness of the...

The Ä¢¹½ÊÓƵAT noted that the staff member allowed an unauthorized female individual to board a United Nations vehicle assigned to him and to publicly commit acts of a sexual nature in the rear seat, bringing disrepute to the Organization and difficulties with the host country.

The Ä¢¹½ÊÓƵAT found that the case was not one where the issues required the Ä¢¹½ÊÓƵDT¡¯s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a Ä¢¹½ÊÓƵDT hearing had not affected its decision. The Ä¢¹½ÊÓƵDT appropriately considered the former staff member's admissions, as well as the video clip...

The Ä¢¹½ÊÓƵAT held that the former staff member failed to provide evidence to prove entitlement to compensation for harm suffered. In particular, the Ä¢¹½ÊÓƵAT found that no evidence was submitted proving a nexus between the illegality committed and any harm suffered by the former staff member as a result. The Ä¢¹½ÊÓƵAT highlighted that the medical report submitted by the former staff member recorded that she had complained of lack of sleep and headaches ¡°for several years¡± and that such symptoms were consistent with a previous diagnosed medical condition.

As to the costs of the appeal, since there was no...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT Judge was not obligated to indicate their inclination on the evidence, especially since all evidence had not yet been presented.

Considering various elements, including the Investigation Report, the WhatsApp message exchanges, and the former staff member¡¯s admissions, the Ä¢¹½ÊÓƵAT found the Complainant¡¯s account of events credible. It concluded that the former staff member¡¯s alleged conduct of calling the Complainant to his room on 1 August 2020 and asking her to come to his bed was established by clear and convincing evidence and amounted to sexual harassment. It...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT acted within its discretion by issuing the impugned Judgment without holding an oral hearing, especially as the issue for consideration was one of receivability. The Ä¢¹½ÊÓƵAT also held that the Ä¢¹½ÊÓƵDT did not err in failing to give the staff member an opportunity to comment on the Secretary-General¡¯s reply as he did not file a motion for additional pleadings.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly identified that the contested decision was the Administration¡¯s decision not to reclassify his position.

The Ä¢¹½ÊÓƵAT held that the staff member should have appealed the...

The Ä¢¹½ÊÓƵAT noted that the Dispute Tribunal had issued the impugned Order granting the request to extend the time limit for filing the application without the adversely-affected party being heard and without authority to do so. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had not technically complied with its own Practice Direction in issuing the Order and may have strictly violated the principles of natural justice and due process by failing to give the Secretary-General adequate notice of the motion and an opportunity to reply.

The Ä¢¹½ÊÓƵAT observed, however, that the Ä¢¹½ÊÓƵDT had accepted the staff member¡¯s averment...

The Ä¢¹½ÊÓƵAT held that a procedural flaw occurred during the recruitment process due to the inappropriate screening of educational requirements. Specifically, the Ä¢¹½ÊÓƵAT highlighted that the Hiring Manager failed to verify if the candidates¡¯ degrees were in fields related to Supply Chain Management, business administration/management, instead considering all of them eligible in respect of educational requirements. Nevertheless, highlighting that the former staff member was, unlike 16 other candidates, neither recommended for the position, nor rostered for future similar vacancies, the Ä¢¹½ÊÓƵAT held...

The Ä¢¹½ÊÓƵAT found that an objective reading of the staff member¡¯s request for decision review showed clearly that she had only contested the second and not the first reprimand, both issued for not performing assigned teaching tasks. The Ä¢¹½ÊÓƵAT considered references to the official having issued it, its date and the remedy sought indicated in the request. The Ä¢¹½ÊÓƵAT therefore held that the Ä¢¹½ÊÓƵRWA DT had not erred in fact or in law when it considered that the staff member had not submitted a request for decision review in respect of the first reprimand and found the application in the respective part...

The Ä¢¹½ÊÓƵAT held that with no evidence of a manifest abuse of proceedings by the Commissioner-General before the Ä¢¹½ÊÓƵRWA DT, nor any finding by the Ä¢¹½ÊÓƵRWA DT of such an abuse of proceedings, the legal cost orders made by the Dispute Tribunal did not accord with the terms of Article 10 of the Ä¢¹½ÊÓƵRWA DT Statute and were therefore unjustified and could not be sustained. Moreover, if the Ä¢¹½ÊÓƵAT considered that the legal costs were awarded by the Ä¢¹½ÊÓƵRWA DT under Article 10(5)(b) (which was not apparent from the Judgment), there existed no basis to justify such an order given the evidence before the Dispute...

The Ä¢¹½ÊÓƵAT noted that the staff member had telecommuted from his home country for the entire academic year. The Ä¢¹½ÊÓƵAT found that payment of the educational grant required the physical presence of the staff member at their official duty station, with such payment to be suspended or adjusted for the period that they were telecommuting from outside the official duty station.

The Ä¢¹½ÊÓƵAT held that it was not open to the staff member to rely on a defence that the Administration be estopped from relying on the applicable provisions in its interpretation of the circumstances under which the education...