Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General of the United Nations. Ä¢¹½ÊÓƵAT held that Mr. Khamis¡¯ proven conduct did not itself amount to misconduct: he did not engage in transactional sexual relations with local persons and his sexual relations with two local women were more in the nature of domestic, albeit polygamous and ¡®open¡¯, relationships. Ä¢¹½ÊÓƵAT held that it was not established that payments made to both women were commercial transactions in return for sexual favours. Ä¢¹½ÊÓƵAT held that there was not such an imbalance of power between Mr. Khamis and the two women that they could be termed...

As a preliminary matter, Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing. Ä¢¹½ÊÓƵAT held that the Appellant failed to discharge his burden of showing that the Ä¢¹½ÊÓƵDT Judgment was defective or identifying grounds for appeal. In addition, Ä¢¹½ÊÓƵAT held there was no basis for vacating the Ä¢¹½ÊÓƵDT Judgment. Ä¢¹½ÊÓƵAT held that the Appellant did not specifically contest the Ä¢¹½ÊÓƵDT¡¯s findings on receivability and that receivability was not therefore an issue before it. Ä¢¹½ÊÓƵAT held that even if receivability was an issue before it, there was nothing provided by the Appellant to suggest that Ä¢¹½ÊÓƵDT erred in its...

Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate any errors in the Ä¢¹½ÊÓƵDT¡¯s finding that her application was filed one day late and was out of time. Ä¢¹½ÊÓƵAT held that it is the receipt of the management evaluation response which triggers the time limit for filing an application to the Ä¢¹½ÊÓƵDT, and not the moment when the staff member or her legal representative could reasonably be assumed to have taken notice of the response. In concurrence with the Ä¢¹½ÊÓƵDT Judgment, Ä¢¹½ÊÓƵAT held that the Appellant had not presented any exceptional circumstances to justify waiving the time limits and that any such...

Ä¢¹½ÊÓƵAT considered an appeal by Ms. Patkar. Ä¢¹½ÊÓƵAT dismissed the Appellant's argument that the Ä¢¹½ÊÓƵDT erred in fact, law or failed to exercise its jurisdiction in concluding that the Appellant had not been granted sick leave that was then terminated or retracted. The MSD email to the Appellant concerned an evaluation of her fitness to work based on the medical report she had submitted and there was no evidence that the Ä¢¹½ÊÓƵOPS Administration had approved such leave. Ä¢¹½ÊÓƵAT further held that that the Appellant¡¯s entitlement to sick leave did not outlive the expiration of the fixed-term appointment as...

Ä¢¹½ÊÓƵAT first agreed with the Ä¢¹½ÊÓƵDT that the abolition of post was not a reviewable administrative decision. Second, Ä¢¹½ÊÓƵAT ruled there was no evidence of improper motives regarding the non-renewal of the staff member¡¯s appointment. The staff member¡¯s main contention on appeal was that his post should have been subject to a Comparative Review Process (CRP) instead of being identified as a ¡°dry cut.¡± A ¡°dry cut¡± happens when a post is unique and can therefore be abolished without a comparative review. The staff member claims his post should have undergone a CRP because there were other P-5 political...

Ä¢¹½ÊÓƵAT held that the Appellant did not meet the burden of showing that the Ä¢¹½ÊÓƵDT Judgment was defective on the grounds outlined in Article 2(1) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT fully and fairly considered the Appellant¡¯s allegations and there was no error of law or fact in the Ä¢¹½ÊÓƵDT Judgment. Ä¢¹½ÊÓƵAT held that there was no evidence that the Appellant¡¯s gender or status of being on maternity leave factored into the decision not to renew her contract. Ä¢¹½ÊÓƵAT held that the reasons proffered by the Administration for not renewing the Appellant¡¯s fixed-term appointment, namely the lack of funding...

Ä¢¹½ÊÓƵAT considered an application for revision of Judgment No. 2020-Ä¢¹½ÊÓƵAT-1055. Ä¢¹½ÊÓƵAT found that none of the three new facts sought to be relied on by the applicant could have changed the outcome in any decisions entered against him in the Ä¢¹½ÊÓƵRWA DT, and this test being one of four, all of which must exist for a judgment to be revised, Mr. Zaqqout¡¯s application was dismissed.

Ä¢¹½ÊÓƵAT held that the facts upon which Ä¢¹½ÊÓƵRWA based its decision were established, in full respect of his due process rights. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err as there was clear and convincing evidence that the Appellant committed sexual exploitation and abuse against a beneficiary of Ä¢¹½ÊÓƵRWA; neither did it err in concluding that the disciplinary sanction was proportionate and lawful. Ä¢¹½ÊÓƵAT held that the Appellant, by having the complainant remove her pants and underwear and engaging in a such a sensitive and specific medical examination, which he did not have the required competencies and...

Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT Judgment, finding that the staff member¡¯s FTA was not terminated but rather, it expired in its own course. The Tribunal highlighted that a termination is initiated by the Secretary-General, under Staff Rule 9.6(a), and in the instant case, the staff member was not at all terminated on 30 May 2019. Instead, his FTA continued until its expiry on 30 June 2019, and until then, he retained his full position, rights and entitlements as a staff member of the Organization. The fact that the site was closed down, and the staff member was sent home with no work to do, is not...

Ä¢¹½ÊÓƵAT first noted that neither party disagreed with the Ä¢¹½ÊÓƵDT Judgment that the contested decision was unlawful. Regarding the Secretary-General¡¯s appeal that an award in moral damages was not warranted, Ä¢¹½ÊÓƵAT disagreed with the Administration and found that the Ä¢¹½ÊÓƵDT was correct when it considered the medical certificate dated in March 2020, which gave a history of the staff member¡¯s health in 2015 (a year before the contested decision). Ä¢¹½ÊÓƵAT found it credible that the staff member suffered from a pattern of harassment, which began before the time of the contested decision (June 2016). As such, a...