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As a preliminary issue, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not follow the proper procedure when it allowed the Respondent to participate in the proceedings without a formal request for waiver of time limit for filing its answer and taking part in the trial. Ä¢¹½ÊÓƵAT held that another significant irregularity took place during the proceedings before Ä¢¹½ÊÓƵRWA DT, in light of which Ä¢¹½ÊÓƵAT was compelled to annul the judgment and remand the case for a de novo consideration by a different Ä¢¹½ÊÓƵRWA DT Judge, namely that Ä¢¹½ÊÓƵRWA DT committed an error in procedure when it denied the Appellant¡¯s request for a copy of the...

Ä¢¹½ÊÓƵAT held that the Appellant did not identify any evidence that contradicted the findings of Ä¢¹½ÊÓƵDT regarding the abolition of her post. Ä¢¹½ÊÓƵAT recalled the broad discretion of Ä¢¹½ÊÓƵDT to determine the admissibility of evidence and the discretion of Ä¢¹½ÊÓƵDT to decide whether the presence of witnesses is required and to limit oral evidence. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate that Ä¢¹½ÊÓƵDT erred in declining to hear the proffered evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in allowing testimony to be given at its hearing that was neither sworn, affirmed, nor made under a promise to tell the...

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 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...

Ä¢¹½ÊÓƵAT held that the Appellant did not succeed in establishing any error of fact or law which would warrant the reversal of the Ä¢¹½ÊÓƵDT judgment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the termination of the Appellant¡¯s appointment was firmly supported by the evidence relative to the necessities of service in the context of a downsizing exercise, and no bias or improper purpose vitiated the impugned decision. Ä¢¹½ÊÓƵAT held that as the Appellant did not effectively rebut the conclusions of the impugned judgment, he did not satisfy the burden of demonstrating that it was defective such as to...

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 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...

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...