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Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. As a preliminary matter, Ä¢¹½ÊÓƵAT dismissed Ms Guzman¡¯s Motion to file an Addendum to Answer the Secretary-General¡¯s Appeal, after finding that the material she wished to submit was more properly suited for a hearing on the merits and was not germane to the issue being reviewed by Ä¢¹½ÊÓƵAT. On the merits, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT¡¯s conclusion that the contested decision was not affected by the exclusionary provision of Article 10(2) of its Statute and Article 14 of its Rules of Procedure was not supported by the contents of Ms Guzman¡¯s amended Motion of...

As a preliminary matter, Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing. Ä¢¹½ÊÓƵAT then considered the Appellant¡¯s claims that the facts were not established by clear and convincing evidence, that there were procedural flaws during the disciplinary proceedings, and that his separation from service was not warranted. Ä¢¹½ÊÓƵAT held that clear and convincing evidence showed that the Appellant harassed all the alleged victims and abused his authority, in violation of WFP¡¯s Harassment Policy. Ä¢¹½ÊÓƵAT also held that Ä¢¹½ÊÓƵDT correctly found that the sanction of separation from service was proportionate...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal regarding whether Ä¢¹½ÊÓƵDT erred in ordering both an extension of Mr Sannoh¡¯s appointment and payment of a termination indemnity. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵMIS Information Circular No. 334 provided that staff with fixed-term appointments that are due to expire shortly will have their appointments extended for one year and, should a staff member¡¯s function no longer be required by the mission prior to the expiration of their fixed-term appointment, a termination indemnity may be payable in accordance with Staff Regulation 9. 3 and Annex III of the Staff Rules...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal and noted that the Secretary-General has broad discretion in matters of staff selection. Ä¢¹½ÊÓƵAT found that the extensive correspondence between Mr Bali and management indicated that he was aware that his candidature would be considered along with all other applicants, and that his name was placed on a roster of pre-approved candidates for potential consideration for future job openings with similar functions at the Secretariat. Ä¢¹½ÊÓƵAT also noted that Mr Bali was encouraged by the Office of Human Resources Management¡¯s (OHRM) advocacy and information...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had correctly stated that even if it could be argued that the profile of the Broadcast Technology Officer (BTO P-4) post had changed due to the drafting of new Terms of Reference (TOR) by Ms Hermann, the only viable course of action in the circumstances for the purposes of filling it would have been a regular, competitive selection process and not a comparative review as happened in this case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the so-called comparative review between Ms Hersh and Mr Tobgyal for the only post...

Ä¢¹½ÊÓƵAT found no merit to the Appellant¡¯s claims that Ä¢¹½ÊÓƵDT had failed to make findings on the specific category of misconduct and that she did not receive notice of the specific charge of theft prior to receiving a disciplinary sanction. Ä¢¹½ÊÓƵAT held that disciplinary cases were not criminal and that there was no need to give notice of a specific charge of theft because the charge against the Appellant was taking, without authorisation, a staff member¡¯s property. Ä¢¹½ÊÓƵAT noted that the Appellant did not dispute having taken a bicycle without the owner¡¯s permission, but that she claimed she did not...

Ä¢¹½ÊÓƵAT considered a request for revision of judgment No. 2013-Ä¢¹½ÊÓƵAT-297. Ä¢¹½ÊÓƵAT noted that the application for revision was filed more than six months beyond the time limit. Ä¢¹½ÊÓƵAT held that the application for revision was not receivable ratione temporis. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT held that the evidence against the Appellant uncovered by the investigation was so overwhelming that the only reasonable conclusion available to Ä¢¹½ÊÓƵDT was that the facts were established by clear and convincing evidence. Noting that the evidence that he was in possession of the stolen card and that he used it to refuel his own private vehicle was not contested by the Appellant, Ä¢¹½ÊÓƵAT held that his explanation of how he came into possession of the stolen card and how he came to use it was incapable of belief. Ä¢¹½ÊÓƵAT agreed with the finding of Ä¢¹½ÊÓƵDT that the established facts amounted to serious...