2025-Ä¢¹½ÊÓÆµAT-1531, Sandrine Guezel
L'Ä¢¹½ÊÓÆµAT a estim¨¦ que l'Ä¢¹½ÊÓÆµDT avait correctement conclu que le retard de 30 mois pris par l'ABCC dans le traitement de la demande d'indemnisation ¨¦tait excessif. Il a estim¨¦ qu'un d¨¦lai raisonnable pour prendre une d¨¦cision dans cette affaire n'aurait pas d? d¨¦passer 24 semaines. Il a estim¨¦ que le retard suppl¨¦mentaire de 24 mois et 13 jours, sans explication ad¨¦quate, ¨¦tait ill¨¦gal et violait l'obligation de l'Administration de traiter les personnes ¨¤ charge du fonctionnaire d¨¦c¨¦d¨¦ de mani¨¨re ¨¦quitable et raisonnable.
En ce qui concerne l'indemnisation accord¨¦e, le TÄ¢¹½ÊÓÆµU a confirm¨¦ la d¨¦cision...
2025-Ä¢¹½ÊÓÆµAT-1524, Maria Alejandra Mouchabek
L'Ä¢¹½ÊÓÆµAT a not¨¦ que la lettre du membre du personnel concernant sa retraite anticip¨¦e devait ¨ºtre consid¨¦r¨¦e comme une lettre de d¨¦mission. L'Ä¢¹½ÊÓÆµAT a not¨¦ que quelques mois plus tard, elle avait envoy¨¦ une autre lettre ¨¤ l'Administration demandant le retrait de sa d¨¦mission. L'Ä¢¹½ÊÓÆµAT a estim¨¦ que le TFP n'avait pas commis d'erreur de droit en identifiant la d¨¦cision contest¨¦e comme ¨¦tant la d¨¦cision de ne pas accepter le retrait de la d¨¦mission de la fonctionnaire, et que l'approche du TFP ne lui avait pas caus¨¦ de pr¨¦judice puisqu'il avait pu examiner tous ses arguments.
L'Ä¢¹½ÊÓÆµAT a estim¨¦ que la...
2025-Ä¢¹½ÊÓÆµAT-1512, Reynaud Joseph-Marie Theunens
L'Ä¢¹½ÊÓÆµAT a jug¨¦ que la d¨¦cision contest¨¦e ¨¦tait l¨¦gale. Il a estim¨¦ que le TFP avait correctement analys¨¦ les ¨¦l¨¦ments de preuve pr¨¦sent¨¦s, en motivant de mani¨¨re d¨¦taill¨¦e l'acceptation ou le rejet du t¨¦moignage de chaque t¨¦moin et, surtout, en tenant compte de l'aveu par le fonctionnaire de nombreux faits essentiels. Il s'agissait notamment de reconna?tre : l'existence de tensions entre lui-m¨ºme et les membres du personnel international et national ; qu'il ¨¦tait probablement trop exigeant en tant que sup¨¦rieur hi¨¦rarchique ; qu'il avait ¨¦lev¨¦ la voix au travail ; qu'il avait fait r¨¦f¨¦rence aux...
2025-Ä¢¹½ÊÓÆµAT-1540, Angiolo Rolli
The Ä¢¹½ÊÓÆµAT found that the unexplained delay of almost a year in filing the request for interpretation would alone cause the Ä¢¹½ÊÓÆµAT to reject it. The Ä¢¹½ÊÓÆµAT held that, in addition, the request for interpretation lacked a jurisdictional basis. The Ä¢¹½ÊÓÆµAT found that the staff member had demonstrated no equivocality or lack of clarity of the Judgment.
The Ä¢¹½ÊÓÆµAT was of the view that the request for execution relied on the staff member¡¯s success in having the earlier Judgment interpreted in the manner he sought and, therefore, his request for execution was moot. The Ä¢¹½ÊÓÆµAT further noted that the Judgment had...
2025-Ä¢¹½ÊÓÆµAT-1535, Koffi Gilles Wilfried Amani
The Ä¢¹½ÊÓÆµAT held that even if it were to consider that his request for management evaluation had not been premature but valid in respect of all the non-payment decisions, the request had been submitted belatedly. The Ä¢¹½ÊÓÆµAT found that the staff member should have submitted the request for management evaluation within 60 days from receipt of his final pay statement. The Ä¢¹½ÊÓÆµAT concluded that the Ä¢¹½ÊÓÆµDT had not erred in finding that his request had not been timely and had not committed an error by obscuring the underlying facts of the case.
The Ä¢¹½ÊÓÆµAT was of the view that it was unclear what Covid-19...
2025-Ä¢¹½ÊÓÆµAT-1532, Hakam Shahwan
The Ä¢¹½ÊÓÆµAT noted that the Agency had removed the disputed Note from the staff member¡¯s Official Status File and provided him with his requested certificate of service and performance evaluations. The Ä¢¹½ÊÓÆµAT found that the appeal in the respective part had therefore become moot.
The Ä¢¹½ÊÓÆµAT held that even if the issue were not moot, it was not persuaded that the Ä¢¹½ÊÓÆµWRA DT had exercised its discretion injudiciously or otherwise erred. The Ä¢¹½ÊÓÆµAT noted that in its earlier Judgment it had found that the Agency had no obligation to partially execute that first Ä¢¹½ÊÓÆµRWA DT Judgment.
The Ä¢¹½ÊÓÆµAT found that the staff...
2025-Ä¢¹½ÊÓÆµAT-1531, Sandrine Guezel
The Ä¢¹½ÊÓÆµAT held that the Ä¢¹½ÊÓÆµDT correctly concluded that the ABCC¡¯s 30-month delay in processing the claim for compensation was excessive. It found that a reasonable delay for decision-making in this claim would have been no more than 24 weeks. It held that the additional delay of 24 months and 13 days, without adequate explanation, was unlawful and violated the Administration¡¯s duty to treat the dependents of the deceased staff member fairly and reasonably.
With respect to the compensation awarded, the Ä¢¹½ÊÓÆµAT affirmed the Ä¢¹½ÊÓÆµDT¡¯s award of six months¡¯ net base salary for moral harm. However, the...
2025-Ä¢¹½ÊÓÆµAT-1524, Maria Alejandra Mouchabek
The Ä¢¹½ÊÓÆµAT noted that the staff member¡¯s letter regarding early retirement was to be considered a letter of resignation. The Ä¢¹½ÊÓÆµAT noted that a few months later she had sent another letter to the Administration requesting to withdraw her resignation. The Ä¢¹½ÊÓÆµAT found that the Ä¢¹½ÊÓÆµDT had not erred in law when it identified the contested decision as the decision not to accept the staff member¡¯s withdrawal of her resignation, and the Ä¢¹½ÊÓÆµDT¡¯s approach had not caused prejudice to her as it had been able to examine all her contentions.
The Ä¢¹½ÊÓÆµAT held that the staff member¡¯s resignation produced its legal...
2025-Ä¢¹½ÊÓÆµAT-1512, Reynaud Joseph-Marie Theunens
The Ä¢¹½ÊÓÆµAT held that the contested decision was lawful. It held that the Ä¢¹½ÊÓÆµDT appropriately analysed the evidence presented, providing detailed reasons for accepting or rejecting each witness¡¯s testimony and, importantly, considered the staff member¡¯s admission of many of the key facts. These included acknowledging that: tensions existed between himself and both staff and national staff members; he was probably too demanding as a manager; he raised his voice at work; he referred to the sects of certain national staff members; he had difficult interpersonal issues with Complainant 1; he...
2025-Ä¢¹½ÊÓÆµAT-1519, Fernando Salon
The Ä¢¹½ÊÓÆµAT rejected Mr. Salon¡¯s argument that the prior Ä¢¹½ÊÓÆµAT Judgment made incorrect findings of fact regarding the dates that he made requests for management evaluation or filed complaints. The Ä¢¹½ÊÓÆµAT held that Mr. Salon was not seeking clarification of the Ä¢¹½ÊÓÆµAT Judgment but was rather attempting to relitigate his case, which is not an appropriate use of the Ä¢¹½ÊÓÆµAT Statute¡¯s provisions for an application for interpretation.
The Ä¢¹½ÊÓÆµAT found that there was no ambiguity in its Judgment and there was no basis for the application for interpretation. The meaning and scope of the Ä¢¹½ÊÓÆµAT Judgment was clear...
2025-Ä¢¹½ÊÓÆµAT-1522, Sanjaya Bahel
The Ä¢¹½ÊÓÆµAT held that the Ä¢¹½ÊÓÆµDT erred in suggesting that it was the former staff member¡¯s burden to provide evidence to support his assertion that his request for review had been pending before the Dispute Tribunal since July 2009 and to produce a record of his case having been transferred to it from the JDC in July 2009.
The Ä¢¹½ÊÓÆµAT further held that the Administration¡¯s response, that his claim was closed due to his failure to pursue it for over 12 years, was neither an administrative decision, nor was it the Administration¡¯s prerogative to make regarding the judicial proceeding. The Administration...
2025-Ä¢¹½ÊÓÆµAT-1544, Antonio Ponce Gonzalez
The Ä¢¹½ÊÓÆµAT observed that Mr. Ponce-Gonzalez was attempting to persuade the Appeals Tribunal that an official who claimed to have delegated authority to make hiring decisions did not in fact have such authority. Mr. Ponce-Gonzalez claimed to have new documents in support of his argument.
The Ä¢¹½ÊÓÆµAT held that the new facts discovered did not meet the statutory requirement for decisiveness on the outcome of the earlier appeal and hence the application for revision did not satisfy the strict statutory test under Article 11(1) of the Ä¢¹½ÊÓÆµAT Statute, and the application was denied.
2025-Ä¢¹½ÊÓÆµAT-1543, Antonio Ponce Gonzalez
The Ä¢¹½ÊÓÆµAT observed that Mr. Ponce-Gonzalez was attempting to persuade the Appeals Tribunal that an official who claimed to have delegated authority to make hiring decisions did not in fact have such authority. Mr. Ponce-Gonzalez claimed to have new documents in support of his argument.
The Ä¢¹½ÊÓÆµAT held that the new facts discovered did not meet the statutory requirement for decisiveness on the outcome of the earlier appeal and hence the application for revision did not satisfy the strict statutory test under Article 11(1) of the Ä¢¹½ÊÓÆµAT Statute, and was denied.
2025-Ä¢¹½ÊÓÆµAT-1561, HUDA HANNINA
The Ä¢¹½ÊÓÆµAT observed that the Ä¢¹½ÊÓÆµDT did not err in denying the staff member¡¯s request for an oral hearing as the case record was ¡°comprehensive¡± and there was ¡°no irreconcilable dispute of facts between the parties.¡±
The Ä¢¹½ÊÓÆµAT held that the staff member¡¯s placement on ALWP was justified, given that the staff member was provided with the names of the members of the fact-finding panel assigned to investigate her alleged misconduct, and that she was in a position to approve the consultancy contract of one of those members, which created a conflict of interest and a genuine risk of interference in the...
2025-Ä¢¹½ÊÓÆµAT-1555, Carolina Larriera
The Appeals Tribunal analyzed the text of Appendix D, from the 1966 version, and concluded that: (a) widows are eligible to receive compensation at a rate of two-fifths of a deceased staff member¡¯s annual salary; (b) if the deceased staff member is survived by more than one widow, the compensation shall be split evenly between the widows; (c) all pension benefits paid through the staff member¡¯s Ä¢¹½ÊÓÆµJSPF entitlement shall be deducted from the compensation paid under Appendix D; and the deduction shall not reduce the amount of Appendix D compensation otherwise payable to less than 10 per cent of...
2025-Ä¢¹½ÊÓÆµAT-1542, AAO
The Ä¢¹½ÊÓÆµAT held that there was no error of law or fact by the Ä¢¹½ÊÓÆµDT in finding that the allegations of sexual harassment and workplace harassment were proven to the clear and convincing evidence standard. The Ä¢¹½ÊÓÆµDT had the advantage of seeing and hearing the evidence of the principal witnesses to, and relating to, the events. There was therefore ample evidence to confirm the Ä¢¹½ÊÓÆµDT¡¯s assessments of the occurrence and significance of the events. The Ä¢¹½ÊÓÆµDT was also entitled to draw the inference that AAO, rebuffed in his sexual advances by the complainant, retaliated subsequently through workplace...
2025-Ä¢¹½ÊÓÆµAT-1554, ABD
The Ä¢¹½ÊÓÆµAT noted that ABD¡¯s appeal was filed within 60 days of the Order¡¯s issuance, but more than 30 days after that event. Given that under Article 7(1)(c) of the Ä¢¹½ÊÓÆµAT Statute, a party has 30 days to appeal an order, ABD was out of time to appeal against the impugned Ä¢¹½ÊÓÆµDT Order.
The Ä¢¹½ÊÓÆµAT dismissed the appeal as not receivable.
2025-Ä¢¹½ÊÓÆµAT-1517, Ayesha Al Rifai
The Ä¢¹½ÊÓÆµAT held that the Ä¢¹½ÊÓÆµRWA DT did not err in finding that there was clear and convincing evidence to support that the applicant had engaged in abuse of authority by intimidating a staff member to file a false complaint of sexual harassment against another staff member. The Ä¢¹½ÊÓÆµRWA DT weighed the conflicting testimonies and assessed the credibility of the witnesses and found that she had a motive to solicit the false complaint.
The Ä¢¹½ÊÓÆµAT held that the Ä¢¹½ÊÓÆµRWA DT did not err in declining to review the other misconduct allegations against her, given that the abuse of authority allegation was the...
2025-Ä¢¹½ÊÓÆµAT-1527, BK
L'Ä¢¹½ÊÓÆµAT a not¨¦ que le fonctionnaire souffrait d'un probl¨¨me m¨¦dical n¨¦cessitant des soins qui avait une incidence sur sa capacit¨¦ ¨¤ reprendre le travail, qu'il avait consenti ¨¤ l'examen m¨¦dical ind¨¦pendant et qu'il n'avait pas contest¨¦ ces dossiers devant le TDPI ni en appel.
L'Ä¢¹½ÊÓÆµAT a estim¨¦ que m¨ºme si la d¨¦cision ST/AI/2019/1 ¨¦tait applicable aux fonctionnaires du HCR ou consid¨¦r¨¦e comme un mod¨¨le de pratique ¨¦quitable, elle n'aurait pas rendu l'examen m¨¦dical ind¨¦pendant irr¨¦gulier.
L'Ä¢¹½ÊÓÆµAT n'a trouv¨¦ aucun motif pour infirmer la d¨¦cision de l'Ä¢¹½ÊÓÆµDT selon laquelle il n'y avait aucune preuve de...
2025-Ä¢¹½ÊÓÆµAT-1526, BK
L'Ä¢¹½ÊÓÆµAT a not¨¦ que les ordonnances contest¨¦es rejetant les demandes d'anonymat du fonctionnaire avaient ¨¦t¨¦ rendues moins d'un mois apr¨¨s que le TFP ait fait droit ¨¤ sa demande d'anonymat dans une autre affaire.
L'Ä¢¹½ÊÓÆµAT a estim¨¦ que les ordonnances contest¨¦es n'¨¦taient pas isol¨¦es et que l'interaction de toutes ces proc¨¦dures rendait la situation exceptionnelle. Le TÄ¢¹½ÊÓÆµAT a estim¨¦ que le fait de lui refuser l'anonymat pour ses deux demandes uniquement irait ¨¤ l'encontre de l'objectif de l'anonymat et que, dans les circonstances particuli¨¨res de cette proc¨¦dure, cette incoh¨¦rence portait atteinte ¨¤...