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Ä¢¹½ÊÓƵAT held that the complaints against the Appellant were very serious and intolerable for any employer. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly concluded that the case against the Appellant stood substantiated and corroborated and the evidence sufficiently supported the charge of improperly soliciting and receiving money from local people in exchange for their recruitment and service as Ä¢¹½ÊÓƵ staff. Ä¢¹½ÊÓƵAT held that during the teleconference the Appellant had produced two impostors as witnesses, who testified that they had lied to the investigators and made false allegations against the Appellant. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General against the judgment on the merits (Ä¢¹½ÊÓƵDT/2011/054) and two further appeals by both the Secretary-General and the Applicant of the judgment on compensation (Ä¢¹½ÊÓƵDT/2011/131). Relying on its previous holding in Bertucci (2011/Ä¢¹½ÊÓƵAT/114), Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the Administration violated the Applicant¡¯s due process rights, as no actual prejudice was found. Ä¢¹½ÊÓƵAT held that the established facts, as admitted by the Applicant, clearly demonstrated that he engaged in the sexual harassment of local employees and used his position of...

Ä¢¹½ÊÓƵAT considered an appeal, in which the Appellant claimed that Ä¢¹½ÊÓƵDT committed procedural errors in allowing the Secretary-General to embark on a de novo fact-finding inquiry and that the disciplinary measure of separation was disproportionate. Ä¢¹½ÊÓƵAT held that it was within the competence of Ä¢¹½ÊÓƵDT to hold oral hearings as well as to order the production of evidence for fair and expeditious disposal of the proceedings. Ä¢¹½ÊÓƵAT held that the Administration bears the burden of establishing that the alleged misconduct, for which a disciplinary measure has been taken against a staff member, occurred and...

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 two appeals, one by Ms S. Nourain and one by Ms A Nourain, against judgment No. Ä¢¹½ÊÓƵDT/2012/142. Ä¢¹½ÊÓƵAT dismissed Ms A. Nourain¡¯s appeal as she was not a party to the proceedings and had no standing to appeal. Ä¢¹½ÊÓƵAT held that the facts were not disputed; the misconduct had been established and so had its seriousness. Ä¢¹½ÊÓƵAT held that it could not say that the sanction of dismissal was unfair or disproportionate to the seriousness of the offences. Ä¢¹½ÊÓƵAT dismissed the appeal of Ms A Nourain as not receivable and the appeal of Ms S. Nourain on the merits.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it was satisfied that Ms Akello¡¯s involvement in the private company Blessed Seasons, which was on a Ä¢¹½ÊÓƵ list of companies providing escort vehicle services, met the standard of business activity and enterprise prohibited by former Staff Regulation 1. 2(m) and that her activities amounted to a conflict of interest. Ä¢¹½ÊÓƵAT held that, in ruling otherwise, Ä¢¹½ÊÓƵDT erred in law and fact and the Secretary-General¡¯s appeal succeeded on that ground. On the issue of whether the very fact that the Internal Affairs Unit investigation, having...

Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General and a cross-appeal by Mr Jibara. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT lacked jurisdiction to decide on the scope of the Oslo Accords signed by Israel and the Palestinian National Authority or the legality of the detention and imprisonment. Ä¢¹½ÊÓƵAT recalled that it was not the role of Ä¢¹½ÊÓƵDT to substitute its own decision for that of the Administration. Ä¢¹½ÊÓƵAT recalled that, having established misconduct and the seriousness of the incident, Ä¢¹½ÊÓƵAT cannot review the level of a sanction imposed except in cases of obvious absurdity or flagrant arbitrariness. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered two appeals by Ms Perelli, against judgment Nos. Ä¢¹½ÊÓƵDT/2012/034 and Ä¢¹½ÊÓƵDT/2012/100. On the matter of due process, given Ms Perelli had the opportunity to rebut allegations and contents of the relevant report, Ä¢¹½ÊÓƵAT held that these procedural steps were part of her due process entitlements and, to the extent that Ä¢¹½ÊÓƵDT found the Administration to have respected these procedural steps, Ä¢¹½ÊÓƵAT upheld the finding of Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the Investigation Panel report satisfied neither the remit given to it nor the statutory requirements of ST/AI/371. Ä¢¹½ÊÓƵAT held that Ms Perelli was...

Ä¢¹½ÊÓƵAT considered two appeals by the Secretary-General of judgment Nos. Ä¢¹½ÊÓƵDT/2011/106 and Ä¢¹½ÊÓƵDT/2011/192. Ä¢¹½ÊÓƵAT held that it was satisfied that the Complainant did not share the Applicant¡¯s desire to pursue a sexual relationship and that the Applicant¡¯s conduct was unwelcome. Ä¢¹½ÊÓƵAT held that the transmission by the Applicant of a photograph of his genitalia to a female colleague, much less a colleague under his supervision, could at its best, as found by the Joint Disciplinary Committee (JDC), be characterised as outrageous and most probably unwanted. Ä¢¹½ÊÓƵAT held that the Secretary-General had clear...

Ä¢¹½ÊÓƵAT preliminarily dismissed the Appellant¡¯s Application for Confidentiality and then considered the merits of the Appeal, which contained three grounds. With respect to the first ground, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in concluding that due process was satisfied if the staff member could comment on anonymous witness statements providing evidence against him. Ä¢¹½ÊÓƵAT noted that the reasons for withholding the identities of the victims and for not producing them at trial were contained in the OIOS Investigation Report that was sent to the Appellant, thus the conditions for the admissibility for...