Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT considered: 1) three motions filed by Mr Ross, for temporary suspension of proceedings and ¡°Comments on the Respondent¡¯s comments¡±, for additional pleadings, and for submission of applicable legal norms; 2) an application to file a Friend-of-the-Court Brief by the Ä¢¹½ÊÓƵHCR Staff Council; 3) an appeal by Mr Ross; and 4) an appeal by the Secretary-General. Regarding the motion for temporary suspension of proceedings and ¡°Comments on the Respondent¡¯s comments¡±, Ä¢¹½ÊÓƵAT held that there was no merit in it since the factual circumstances of the instant case were different from those he seemed to have...

Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General and a cross-appeal by Ms. Kaddoura. Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵRWA DT Judgment in part. It only vacated the referral of the former Commissioner-General for accountability, finding that it was not adequate to rely on hearsay to refer a former staff member, be it the former Commissioner-General or any other, to accountability. Ä¢¹½ÊÓƵAT further held that there was no possibility of imposing a disciplinary measure on a former staff member, and as such any such referral would be ineffectual.

The Appeals Tribunal found that Mr. Karkara failed to show that the Ä¢¹½ÊÓƵDT¡¯s assessment of the evidence had resulted in a manifestly unreasonable decision. It also found that the Ä¢¹½ÊÓƵDT did not make any errors with regard to the admissibility of witnesses. The Ä¢¹½ÊÓƵAT further found that the Ä¢¹½ÊÓƵDT did not commit any procedural error, and Mr. Karkara¡¯s allegations of procedural irregularities did not put the Ä¢¹½ÊÓƵDT¡¯s findings into doubt. Accordingly, the Ä¢¹½ÊÓƵAT agreed that there was clear and convincing evidence of sexual abuse and exploitation by Mr. Karkara. The Ä¢¹½ÊÓƵAT also held that the sanction of...

Ä¢¹½ÊÓƵAT first dismissed the cross-appeal, finding that although the Administration has the discretion to reassign staff members, such reassignment must be reasonable in the particular circumstances and cause no economic harm to the staff member. It must also respect the procedural and substantive rules of law and must not be arbitrary. Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵDT that the reassignment was performance-related and yet the staff member was never allowed the opportunity to address his performance issues prior to being reassigned. Regarding the appeal, Ä¢¹½ÊÓƵAT disagreed with the staff member that the Ä¢¹½ÊÓƵDT...

The application for deferral of judgment pending the outcome of the appeal is refused. The Respondent is to appoint an official of at least the rank of USG to consider afresh the complaints of the Applicant in respect of the conduct of the SG. The official is to launch an investigation, as appropriate, under staff rule 10.1 if it is reasonable to suspect that the SA acted in such a way as to justify the imposition of a disciplinary measure.

Accountability referral: the USG¡¯s conduct in dealing with the complaint of the Applicant and in giving evidence to the Tribunal is referred to the SG for...

The filling of the Post with the ultimately-successful candidate cannot be characterized as a ¡°transfer¡±, be it lateral or not. The ultimately-successful candidate was therefore rather selected for the Post. Simply stated, the Post did not qualify as a lateral transfer. The Respndent employed the wrong procedure. The Applicants, although ranked behind the initially-successful candidate, were also ¡°suitable¡± candidates for the Post. The Tribunal finds that the selection exercise for the initially-selected candidate was improper. The Applicants having been deemed by the Tribunal as suitable...

The Tribunal found that the PCO¡¯s role was vitiated by bias towards the Applicant, the evaluation of the Applicant was not objective, the selection exercise was unlawful and the Organization failed to discharge the burden of presumption of regularity. Naming of names: The Statute does not define ¡°personal data¡±, but for the purposes of judgments, it is unlikely to include names. Applicants are routinely named by the Ä¢¹½ÊÓƵDT and Ä¢¹½ÊÓƵAT in the headings of published cases except in circumstances where anonymity is granted by the Tribunal. Bias: In the legal sense, may be actual or apparent but either...

The inherent jurisdiction of the Tribunal confers it with power to deal with contemptuous conduct and is necessary to safeguard its judicial functions. This power need not be defined in the Tribunal¡¯s Statute or in its Rules of Procedure. Willful disobedience of the Tribunal¡¯s orders is contempt and is a direct attack upon the jurisdiction of the Tribunal and its power to undertake the responsibilities with which it has been entrusted in its Statute by the General Assembly. Ä¢¹½ÊÓƵON management while disregarding the authority of Ä¢¹½ÊÓƵAT in Villamoran on the duty of parties to comply with...

The Tribunal found that there was not clear and convincing proof that the documents were fake and therefore that count failed. However, as regards the other charges, the Applicant had not denied the violations, rather he had indicated that his superior, the Country Representative, was to blame for giving instructions to the Applicant which were in breach of the rules. The Tribunal considered that the responsibility of an Operations Manager when dealing, in particular, with procurement matters, was such that he could not rely on instructions given from above. Therefore, his liability in respect...

The Tribunal held that whether an Applicant should be given reasons for the non-renewal of his or her fixed-term contract, even though fixed-term contracts carry no expectation of renewal, should be analyzed on a case by case basis. The Tribunal cited Obdeijn Ä¢¹½ÊÓƵDT/2011/032 which stated that ¡°even though a staff member does not have a right to an automatic renewal of a fixed-term contract, a decision not to renew such a contract may not be taken for improper motives, and the Tribunal is required to consider whether the motives were proper or whether countervailing circumstances existed in the...