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The Ä¢¹½ÊÓƵAT held that the staff member was responsible for having agreed that the Ä¢¹½ÊÓƵDT should hear no direct evidence from witnesses in person but should decide the matter on the documents submitted. As an inquisitorial and not a solely adversarial tribunal, the Ä¢¹½ÊÓƵDT could nevertheless have held a hearing. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT was entitled to conclude on the complainant¡¯s evidence alone that the staff member had engaged in a sexual relationship with her. Their sexual relationship was employment-related and thereby transactional. The Ä¢¹½ÊÓƵDT was entitled to conclude that this was an...

The Ä¢¹½ÊÓƵAT dismissed Mr. Ponce-Gonzalez's appeal. The Ä¢¹½ÊÓƵAT dismissed Mr. Ponce-Gonzalez¡¯s argument of apprehension of partiality of the hiring manager claiming that there was an improper motive to unfairly eliminate him. The Appeals Tribunal found that the mere fact that the hiring manager was involved in two selection exercises in which Mr. Ponce-Gonzalez was not successful did not indicate any partiality, but rather a regular exercise of the Administration¡¯s routine of selecting candidates for advertised positions. The Ä¢¹½ÊÓƵAT further found that the Ä¢¹½ÊÓƵDT did not err in finding no irregularity in...

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s argument that the Ä¢¹½ÊÓƵDT applied the incorrect standard of proof is unsubstantiated, as the main facts of the case were undisputed by both parties. She had admitted having used Ä¢¹½ÊÓƵ Womens¡¯ UPS account to send two private shipments abroad, without mentioning any prior authorization. The aggravating and mitigating elements reviewed by the Ä¢¹½ÊÓƵDT were by nature peripheral to the sanction imposed. The Ä¢¹½ÊÓƵAT found that even if it was not appropriate for the Administration to use a prior act of possible misconduct as an aggravating factor (as it was not previously...

Ä¢¹½ÊÓƵAT held that some of the Ä¢¹½ÊÓƵDT¡¯s findings were speculative, disregarded the evidence and misapplied the applicable legal framework. In particular, Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in finding that the staff member¡¯s conduct was not serious because it endured for a limited duration of time. He not only sexually harassed two women but sexually harassed those two women twice in quick succession. His cumulative behaviour exhibited a disposition, which in this instance caused the complainants significant discomfort and anxiety and impacted on their ongoing professional relationship with him.

Ä¢¹½ÊÓƵA...

AAA appealed and the Secretary-General cross-appealed. The Ä¢¹½ÊÓƵAT disagreed with the Ä¢¹½ÊÓƵDT¡¯s position that AAA could not be required to report a rape allegation ¡°which he heard from another person who attended court¡± and that Section 4.1 of ST/AI/2017/1 ¡°does not apply to an individual who merely hears second-hand about a case of misconduct since much of what such a person has to report would be hearsay and possibly misleading and devoid of the kind of detail the rule is seeking to elicit from the staff member¡±. This approach erroneously imposes a requirement that the staff member must have a...

The various acts submitted by the Respondent¡ªGeneral Assembly resolution 76/245 (Questions relating to the proposed programme budget for 2022) dated 24 December 2021; ACABQ report A/76/7 (First report on the proposed programme budget for 2022) dated 13 August 2021; Draft Fifth Committee resolution submitted by its Chair following informal consultations A/C.5/77/L.23 (Questions relating to the proposed programme budget for 2023) dated 30 December 2022; General Assembly resolution A/RES/77/262 (Seventy-seventh session, Agenda item 138, Proposed programme budget for 2023) dated 30 December 2022...

The Tribunal found that there were severe failures in affording the Applicant due process during the investigation. After first interviewing her as a non-subject, SIU later decided that she would be a subject of the investigation but did not then afford her the due process entitlements under section 10 of ST/AI/2017/1. While there was procedural unfairness to the Applicant, inefficiency and a lack of reporting transparency; there was no due process failing on the part of the decision-maker since her decision expressly considered not only the SIU investigation report but also the Applicant¡¯s...

The Tribunal observed that the Applicant¡¯s complaint involved one specific incident, i.e., a chain of emails where his performance was being criticized, which evolved into two managerial decisions by his supervisors: a transfer of functions and instauration of a PIP. The Applicant perceived those emails as harassment. However, for a staff member¡¯s behaviour to be punishable as constituting the disciplinary offence of harassment pursuant to ST/SGB/2019/8, the analysis of said behaviour must pass a two-fold test: it must be found ¡°improper and unwelcome¡± and ¡°might reasonably be expected or be...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly found that, in light of the circumstances of the case, the Panel [appointed to undertake a fact-finding investigation into Duparc et al.¡¯s complaint], had failed to consider whether the limits of the managerial discretion were respected. Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s argument that Ä¢¹½ÊÓƵDT conducted an investigation de novo and thus exceeded its authority and usurped the Secretary-General¡¯s sole and exclusive authority in disciplinary matters. Ä¢¹½ÊÓƵAT observed that when Ä¢¹½ÊÓƵDT rescinded the decision based on the investigatory Panel¡¯s report, it did not draw any...

Ä¢¹½ÊÓƵAT held that the investigation into the management and administrative practices in general or of disciplinary cases is usually a matter within the discretion of the Administration but may still be subject to judicial review. Ä¢¹½ÊÓƵAT noted that if a staff member is dissatisfied with the outcome of an administrative decision, they may request judicial review which may result in the affirmation or recission of the decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding the application not receivable, as the Appellant challenged an administrative decision, claiming non-compliance with the terms of his...