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Ä¢¹½ÊÓƵAT held that, although no performance evaluation process was legally required for termination, an appropriate procedure should have been followed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA failed to indicate that the contract would be terminated before its expiration date if the staff member did not improve his performance, and the lack of fair warning rendered the decision to terminate unlawfully. Ä¢¹½ÊÓƵAT granted the appeal in part, rescinded the termination decision, and ordered reinstatement, with an in-lieu compensation of two months¡¯ net base salary.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct not to conclude that the Appellant had initiated the physical fight. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was entitled to conclude the evidence of a witness was not clear and convincing, given inconsistencies. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT determined correctly that a prior altercation could not provide propensity evidence to corroborate witnesses¡¯ accounts of the physical fight because the prior altercation was not investigated properly. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT committed an error in concluding that the Appellant had been unduly influenced into signing the settlement agreement, but that Ä¢¹½ÊÓƵDT...

Ä¢¹½ÊÓƵAT considered: 1) three motions filed by Mr Ross, for temporary suspension of proceedings and ¡°Comments on the Respondent¡¯s comments¡±, for additional pleadings, and for submission of applicable legal norms; 2) an application to file a Friend-of-the-Court Brief by the Ä¢¹½ÊÓƵHCR Staff Council; 3) an appeal by Mr Ross; and 4) an appeal by the Secretary-General. Regarding the motion for temporary suspension of proceedings and ¡°Comments on the Respondent¡¯s comments¡±, Ä¢¹½ÊÓƵAT held that there was no merit in it since the factual circumstances of the instant case were different from those he seemed to have...

Ä¢¹½ÊÓƵAT considered appeals from both Mr. Sirhan and the Commissioner-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT exceeded its competence and erred in fact and law by rescinding the decision to terminate Mr. Sirhan on medical grounds. Ä¢¹½ÊÓƵAT held that the decision to convene a Medical Board more than one month after Mr. Sirhan¡¯s service-incurred injury in order to examine his fitness for continued service with Ä¢¹½ÊÓƵRWA was reasonable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in law in interpreting the Area Staff Rules as requiring Ä¢¹½ÊÓƵRWA to provide injured staff members adequate time for recovery before deciding to appoint a...

Ä¢¹½ÊÓƵAT held that there was no difficulty in principle regarding the admissibility of the secretly recorded conversation based on the way it was procured, even though it may have involved an element of entrapment; however, Ä¢¹½ÊÓƵAT was concerned that the probative value of the evidence depended upon the credibility of a person who did not testify before the Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT noted that the content of the contemporaneous emails which supported the transcript of the telephone conversation remained hearsay unless it was confirmed by the authors or recipients of the emails and that none of the authors or...

Ä¢¹½ÊÓƵAT considered an appeal by Mr. Mezyed. As a preliminary matter, Ä¢¹½ÊÓƵAT denied Mr. Mezyed¡¯s request for an oral hearing. Turning to the merits of the appeal, Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT had applied correctly the first four conditions in Area Staff Rule 109.4 precedent to possible severance from service for abandonment of post. As to the fifth condition, Mr. Mezyed¡¯s failure to submit an acceptable written explanation for his failure to report, Ä¢¹½ÊÓƵAT found that the Agency had failed to properly address the grounds advanced by Mr. Mezyed for his non-return, and as such, the Ä¢¹½ÊÓƵRWA DT could not...

Ä¢¹½ÊÓƵAT held that the evidence was clear and convincing that the Appellant was under the influence of alcohol when he got into his car before the accident occurred and that the Ä¢¹½ÊÓƵDT erred in concluding otherwise. Ä¢¹½ÊÓƵAT held that his conduct was in violation of Staff Regulation 1.2(f) and the MINUSMA Code of Conduct. Ä¢¹½ÊÓƵAT held that: there was no evidence on record that the Appellant was authorised to carry his firearm while off-duty; that, on the contrary, the evidence on record showed that normally security guards did not carry their weapons off-duty; and Ä¢¹½ÊÓƵDT erred in finding that the charge of...

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 disagreed and distinguished the case at hand with the two cases cited by the Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT explained that in the case at hand, the staff member¡¯s actions could have a substantial reputational impact on the Organization and could also adversely affect the relationship between the Organization, Member States and the Host Country. The Tribunal emphasized that the actions of the staff member went beyond the mere internal affairs of the Organization and in fact the fraudulent act was used as an instrument to avoid legal proceedings in the Host Country. As such, Ä¢¹½ÊÓƵAT concluded that the misconduct...

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...