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Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not commit an error in procedure, such as to affect the decision of the case pursuant to Article 2(1) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT rejected the argument that the fact that the Appellant did not receive the recordings of the hearing or transcript affected the decision of the case. Ä¢¹½ÊÓƵAT held that the Appellant merely repeated arguments raised before Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT accepted Ä¢¹½ÊÓƵRWA DT¡¯s finding that the Appellant had ample opportunity to respond to allegations and provide comments on the investigation report and exhibits. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT made fundamental errors of...

The staff member¡¯s main claim pertain to the proportionality of the disciplinary measure meted out to him, that is of summary dismissal. The Appeals Tribunal found no fault in the Ä¢¹½ÊÓƵDT conclusion that the staff member¡¯s behavior toward the Complainant amounted to serious misconduct. The Tribunal noted (paras. 53 - 56): ¡°¡­ By sexually harassing her, the Appellant violated the applicable Regulations and Rules. He did not conduct himself in a manner befitting his status as an international civil servant. His actions not only violated the Complainant¡¯s personal dignity but also adversely...

Ä¢¹½ÊÓƵAT reversed the Ä¢¹½ÊÓƵDT Judgment finding that the Contested Decision was never implemented. Noting that the issue of mootness was raised for the first time on appeal, Ä¢¹½ÊÓƵAT explained (paras. 32-33): ¡°It is ordinarily impermissible to raise a new point on appeal that is not covered by the pleadings or was not canvassed in the evidence before the Ä¢¹½ÊÓƵDT, unless the point is jurisdictional in nature. A question of jurisdiction may always be advanced on appeal for the first time. The reason for the jurisdictional exception is obvious. The principle of legality prohibits the Ä¢¹½ÊÓƵDT from assuming a...

Whether the Administration provided a valid and fair reason for the contested decision In determining whether a valid and fair reason exists to terminate the Applicant¡¯s appointment for unsatisfactory performance, the Tribunal will examine in turn the following issues: i. Whether the Applicant in fact failed to meet the performance standards; ii. Whether he was aware, or could reasonably be expected to have been aware, of the required standards; iii. Whether he was given a fair opportunity to meet the required standards; and iv. Whether termination of appointment is an appropriate action for...

Ä¢¹½ÊÓƵAT preliminarily rejected the Appellant¡¯s request to present additional evidence. On the merits, Ä¢¹½ÊÓƵAT held that the Appellant did not demonstrate that Ä¢¹½ÊÓƵDT made any errors in finding that the Administration met its obligations to the Appellant as a permanent staff member under the applicable Staff Rules and administrative issuances. Ä¢¹½ÊÓƵAT noted that the Appellant was given a three-month temporary appointment after her post was abolished and reasonable efforts were made by the Administration to try to find her a suitable post. Ä¢¹½ÊÓƵAT held that there was no evidence to support the allegations of...

Ä¢¹½ÊÓƵAT held, in agreement with Ä¢¹½ÊÓƵDT, that: the Appellant was properly subjected to a disciplinary hearing; the disciplinary procedures operated fairly; the Appellant disclosed his part in the events at a time when he had no option but to do so; the Appellant did not report the fact he received the hospitality from a vendor; the Appellant substantially admitted the allegations; the Appellant put at risk the reputation and standing of the Ä¢¹½ÊÓƵ Procurement Division; there was sufficient material before the Secretary-General, after a fair and impartial investigation, and having regard to the Appellant...

As a preliminary matter, Ä¢¹½ÊÓƵAT rejected an application by the Staff Union of the ICTY for leave to file a friend-of-the court brief under Article 17 of its Rules of Procedure on the scope of review of the Secretary-General¡¯s decision in disciplinary proceedings and the standard of proof in disciplinary proceedings, on the basis that the facts and legal issues were not so complex that the brief would assist it. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT, in exercising judicial review, may interfere with the exercise of the Secretary-General¡¯s discretion in disciplinary proceedings against a staff member on the ground...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT adequately applied the appropriate principles set out in the former Ä¢¹½ÊÓƵ Administrative Tribunal judgment No. 1391 (2008) in considering whether or not a case of serious misconduct had been established and if so, whether the sanction of summary dismissal was appropriate. Ä¢¹½ÊÓƵAT held that the fact that the Appellant accepted lavish hospitality was a clear violation of the Procurement Division¡¯s Guidelines on Acceptance of Gifts and Hospitality by the Procurement Division Staff. Although the misconduct was based on a single incident, Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that it would have been...

Ä¢¹½ÊÓƵAT preliminarily held that the appeal should be regarded as timely because the initial submission in Arabic was received within the prescribed time limit. Ä¢¹½ÊÓƵAT noted that the fact-finding committee acted in an objective and responsible manner in conducting its investigation and assessing the charges. Ä¢¹½ÊÓƵAT noted that there was clear and convincing evidence supporting a finding of misconduct, which was not successfully rebutted by the Appellant, which alone was a sufficient basis for the impugned decision. Given the established misconduct and the seriousness of the incident, Ä¢¹½ÊÓƵAT held that it...

Ä¢¹½ÊÓƵAT held that (1) the Commissioner-General has broad discretionary authority in disciplinary matters; (2) the facts on which the Appellant¡¯s termination was based were established; (3) the established facts legally amounted to serious misconduct; and (4) there was no substantive or procedural irregularity. Ä¢¹½ÊÓƵAT further held that the Appellant¡¯s termination was legal and not disproportionate to the offenses. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA decision.