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Ä¢¹½ÊÓƵAT considered an appeal by Mr. Ramos. Ä¢¹½ÊÓƵAT held that in order for conduct to constitute sexual harassment, apart from an ¡°unwelcome sexual advance¡±, it is required that the behavior in question ¡°might reasonably be expected or be perceived to cause offence or humiliation to another, when such conduct interferes with work, [¡­] or creates an intimidating, hostile or offensive work environment¡± and that ¡°[w]hile typically involving a pattern of behaviour, it can take the form of a single incident¡±. Ä¢¹½ÊÓƵAT was satisfied that there was clear and convincing evidence that the Mr. Ramos¡¯ conduct as...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT preliminarily held that the appeal was receivable, in accordance with Article 7(1)(a) of the Ä¢¹½ÊÓƵAT RoP. Ä¢¹½ÊÓƵAT noted that, although not all allegations of misconduct against Mr Masri were proved, some of the allegations were sufficiently supported by the evidence. Ä¢¹½ÊÓƵAT held that the evidence established that Mr Masri met vendors at his home outside working hours and discussed Ä¢¹½ÊÓƵ Mission in the Democratic Republic of the Congo (MONUC) contracts, he received the benefit of interest-free loans from two vendors, and he gave assistance to a...

Ä¢¹½ÊÓƵAT recalled that when a disciplinary sanction is imposed by the Administration, the role of the Tribunal is to examine whether the facts, on which the sanction is based, have been established, whether the established facts qualify as misconduct, and whether the sanction is proportionate to the offence. Ä¢¹½ÊÓƵAT held that in this case, the facts were so clear as to be irrefutable; no matter what the standard, the Administration met its burden of proof. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that there was no valid claim of unfair treatment and discrimination by the Appellant against the former Chief of ATS and Ä¢¹½ÊÓƵDT therefore correctly limited its consideration to the interview process. Ä¢¹½ÊÓƵAT held that the Appellant was merely repeating arguments that were adequately considered by Ä¢¹½ÊÓƵDT and that there were no reasons to reverse Ä¢¹½ÊÓƵDT¡¯s judgment. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the facts upon which the sanction was based had not been established by clear and convincing evidence, albeit for different reasons than given by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s determination that the evidence from two witnesses had little probative value was correct because although written witness statements taken under oath can be sufficient to establish by clear and convincing evidence the facts to support the dismissal of a staff member when a statement is not made under oath or affirmation, there must be some other indicia of...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Mr Ibrahim. Ä¢¹½ÊÓƵAT held, agreeing with Ä¢¹½ÊÓƵDT, that there was nothing illegal or warranting compensation in the investigation process and the investigation was not vitiated by procedural error or improper motive. Accordingly, Ä¢¹½ÊÓƵAT dismissed the cross-appeal. Ä¢¹½ÊÓƵAT held that the bottle of wine disappeared immediately after Mr Ibrahim had handled it for the second time in front of the camera and then with his back obstructing the camera. Ä¢¹½ÊÓƵAT held that, apart from the direct link between the manipulation of the bottle of wine by...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. As a preliminary matter, Ä¢¹½ÊÓƵAT noted that both parties agreed that a redaction of name would only be justified if the Ä¢¹½ÊÓƵDT¡¯s judgment was affirmed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred when it considered that the identification of Mr. Mobanga by the complainant in the photo array was not reliable on the basis that the use of MONUSCO grounds passes in the array may have influenced the complainant. Noting that all of the photos were marked ¡°MONUSCO¡± and so it did not stand out or influence anyone, Ä¢¹½ÊÓƵAT held that the photographs constituted evidence that...

On appeal by the Secretary-General, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT erred in fact and in law in its finding that the facts of misconduct were not established by clear and convincing evidence. Ä¢¹½ÊÓƵAT noted that a proper consideration of the whole of the evidence could only have led to one conclusion, and that is that the individual assaulted the victim. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT did not consider the evidence objectively, specifically by giving misplaced importance to minor inconsistencies, coming to unreasonable conclusions on the facts which were not supported by the evidence, and making speculations instead of...

The Secretary-General appealed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law when it found that there was a breach of Mr Elobaid¡¯s due process rights, as Mr Elobaid was correctly apprised of the allegations against him, which could lead to administrative action, and was afforded the opportunity to make representations against the measure taken. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in fact, resulting in a manifestly unreasonable decision, when it assumed that the reprimand originated from Mr Ward, of the Chief Programme Support and Management Services at the Office of the High Commissioner for Human Rights, who...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in law or in fact in finding that the Appellant¡¯s application was not receivable in that it failed to identify an administrative decision within the meaning of Article 2(1)(a) of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.