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The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT properly exercised its discretion in excluding the former staff member¡¯s allegations of racism within the CAF and his claim that his counsel was treated unfairly during the Ä¢¹½ÊÓƵDT hearing, as well as in denying his request to call the investigator to testify. Nevertheless, the Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵDT erred in finding that the facts underlying the alleged misconduct had been proven by clear and convincing evidence, particularly in its assessment of the credibility of the witnesses.

Regarding V01¡¯s allegations, the Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT improperly explained away...

The Ä¢¹½ÊÓƵAT held that the appeal was timely, as Article 11(5) of the Ä¢¹½ÊÓƵRWA DT Statute provides that the filing period begins upon receipt of the Arabic translation of the judgment when the application was originally submitted in Arabic. Since Ms. Al Dawoud received the Arabic version on 9 January 2025 and filed her appeal on 10 March 2025, the appeal was timely.

On the merits, the Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT correctly identified the Agency¡¯s error in treating an email shared by Ms. Al Dawoud as confidential and acknowledged the harm caused by the erroneous disciplinary measure. However, the Ä¢¹½ÊÓƵAT...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in dismissing both applications as not receivable. Regarding the first application, Ä¢¹½ÊÓƵAT found that the Settlement Agreement encompassed all disciplinary sanctions imposed on 9 December 2022, including the deferment of eligibility for salary increment. Therefore, the Ä¢¹½ÊÓƵDT was wrong to conclude that the deferment was outside the scope of the Agreement and that the Agreement had been fully implemented. The application for enforcement was properly receivable.

As to the second application, Ä¢¹½ÊÓƵAT held that the Administration¡¯s interpretation of the Settlement...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly determined that the former staff member¡¯s claims for compensation under Appendix D based on Ä¢¹½ÊÓƵAMID living conditions were not receivable because he had not exhausted mandatory medical review remedies. The Ä¢¹½ÊÓƵAT reaffirmed the principle that staff members must exhaust internal remedies before resorting to litigation.

The Ä¢¹½ÊÓƵAT further held that the Ä¢¹½ÊÓƵDT erred in reviewing the merits of the x?ray machine injury claim while a medical board review was pending. The Ä¢¹½ÊÓƵAT found that both elements of the Appendix D claim were premature and should have been declared...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err when it relied on ST/AI/20100/4/Rev.1 (Administration of Temporary Appointments) in finding that the staff member¡¯s performance evaluation was made in accordance with the procedural requirements in that Administrative Instruction. ST/AI/2021/4 (Performance Management and Development System) does not apply to Mr. Fagasinski¡¯s performance evaluation, because the aforementioned Instruction explicitly states that it does not apply to temporary appointments.

The Ä¢¹½ÊÓƵAT found that the purpose of the performance evaluation was not to reexamine whether Mr...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that the Administration lawfully imposed the disciplinary measure of demotion by one grade with deferment for three years of promotion eligibility and gender?sensitivity training. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT correctly applied the governing legal framework, including Staff Rule 1.2(f) and ST/SGB/2008/5, in determining that the staff member¡¯s conduct, an inappropriate remark referencing nudity and a stroking gesture, physical intimidation of a colleague, and leering at female staff, constituted sexual harassment and workplace harassment.

The...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA Dispute Tribunal did not err in concluding that the former staff member¡¯s misconduct was established and that the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity, was proportionate under the Agency¡¯s regulatory framework. The Ä¢¹½ÊÓƵAT emphasized that fraud and collusive practices are considered areas of high concern and that misconduct committed by a person in a position of trust, such as a member of the Provident Fund Loans Committee, warrants a severe sanction.

The Ä¢¹½ÊÓƵAT further held that the Ä¢¹½ÊÓƵRWA...

The Ä¢¹½ÊÓƵAT determined that the decision to maintain the staff member¡¯s performance rating ¡°C ¨C Partially meets expectations¡± constituted a reviewable administrative decision that had direct legal effect on his employment. It observed that under the applicable legal framework, a rating of ¡°Partially meets expectations¡± justifies a determination that a salary increment is not warranted, and that the increment shall be withheld pending the outcome of a PIP. The Ä¢¹½ÊÓƵAT considered these consequences to be disadvantageous effects resulting directly from the rating.

The Ä¢¹½ÊÓƵAT also concluded that the...

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s claims of fraudulent manipulation of his electronic leave records failed for want of proof.

The Ä¢¹½ÊÓƵAT further held that the Ä¢¹½ÊÓƵDT erred by leaving crucial factual issues unresolved, which made it impossible to determine the appeal fully. The Ä¢¹½ÊÓƵAT found that the tables summarizing the staff member¡¯s sick leave records were not hearsay but qualified as business records entitled to a presumption of accuracy unless rebutted. However, the Ä¢¹½ÊÓƵAT was not satisfied that these records were accurate and noted unresolved inconsistencies. Accordingly, the Ä¢¹½ÊÓƵAT further...

The Ä¢¹½ÊÓƵAT disagreed with the Ä¢¹½ÊÓƵDT¡¯s finding that it was not clear that the issues raised by ABE were previously raised and resolved by a prior Ä¢¹½ÊÓƵDT case concerning ABE. The Ä¢¹½ÊÓƵAT considered it clear that the issues before the Ä¢¹½ÊÓƵDT had previously been decided by the Dispute Tribunal. The issue of alleged negligence in making medical referrals was therefore res judicata and should not have been considered again by the Ä¢¹½ÊÓƵDT in the case on appeal. The Ä¢¹½ÊÓƵAT thus agreed with the conclusion of the Ä¢¹½ÊÓƵDT that ABE¡¯s application was not receivable, but it came to this conclusion for different reasons.

The...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT correctly applied the judicial review tests under Article 2(1)(b) of its Statute. It found that the facts of misconduct were established by clear and convincing evidence, including direct testimony from refugees, corroborating documentary evidence, and hearsay, and that the former staff member had solicited bribes from refugees on multiple occasions between 2010 and 2019 in exchange for assistance with resettlement and other Ä¢¹½ÊÓƵHCR services. It held that the established facts legally amounted to serious misconduct and that the sanction of dismissal was proportionate...

The Victim clearly had a motive not to tell the truth before the Tribunal. And she had an interest in the outcome of this case since continued payments fromthe Applicant depended on his continued employment with the United Nations in Congo. She even agreed that she was concerned about how she would survivewithout financial support from the Applicant. For all these reasons, the Tribunal did not find her testimony in court to be credible and relied instead on the statements she made before the Applicant¡¯s payments. A similar analysis applied to the Applicant¡¯s testimony. He too had an obvious...

The Ä¢¹½ÊÓƵAT held that the former staff member¡¯s challenge to the ALWP decision and the New York position decision was not receivable, as she had not sought management evaluation of those decisions.

Regarding the disciplinary measure, the Ä¢¹½ÊÓƵAT determined that her statements and social media posts constituted unauthorized outside activities amounting to misconduct. It noted that she issued statements, posted articles, and gave interviews without prior authorization, despite repeated warnings. It held that her social media engagements referenced international humanitarian assistance, humanitarian...

The Ä¢¹½ÊÓƵAT determined that it had been demonstrated by clear and convincing evidence that the former staff member committed serious misconduct by: i) failing to return to the United Nations Federal Credit Union (Ä¢¹½ÊÓƵFCU) funds of USD 587,428.65 that were erroneously credited to her account and to which she was not entitled; ii) failing to comply with a judgment issued by the High Court of Zambia (High Court Judgment), which ordered her to return the aforementioned funds to Ä¢¹½ÊÓƵFCU; and iii) submitting false documentation and/or misrepresenting facts during the investigation conducted by the Office...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in finding that the former staff member¡¯s performance had not been fairly and objectively evaluated. It found that she knew that her telecommuting arrangement was temporary and nevertheless reported to her duty station in Fiji only months later. It emphasized that her delay in requesting the payment of a travel lump sum and in applying for a visa for her mother did not excuse her failure to report timeously. The Ä¢¹½ÊÓƵAT confirmed that, in assessing her performance, the Administration was entitled to consider the extent of, reasons, and consequences of her...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA Dispute Tribunal did not err in concluding that the former staff member¡¯s claim regarding the calculation of Provident Fund benefits was unfounded because the Agency correctly applied the governing legal framework. The Ä¢¹½ÊÓƵAT found that, under Area Staff Rule 106.1(16)(D)(ii), the last published special interest rate applies up to and including the month immediately preceding payment. Since the payment was made in August 2022, the Agency properly applied PF Secretariat Circular PFS/08/2022, which declared a negative special interest rate of -15.18% for January¨CJune...

The Tribunal found that Mr. Issa¡¯s application does not satisfy the stringent prerequisites for receivability under the Ä¢¹½ÊÓƵAT Statute, namely, that the decisive fact he now relies upon, that all Ä¢¹½ÊÓƵRWA offices in the West Bank field were closed completely, was unknown to the Appeals Tribunal and to himself, prior to the Judgment. This was plainly known to Mr. Issa, rendering his application non-receivable on this ground alone.

The Ä¢¹½ÊÓƵAT noted that Mr. Issa does not present, or even purport to possess, evidence that he in fact had complied with Ä¢¹½ÊÓƵRWA¡¯s directives to advise the Agency of his...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA Dispute Tribunal did not err in concluding that the former staff member¡¯s claim regarding the calculation of Provident Fund benefits was unfounded because the Agency correctly applied the governing legal framework. The Ä¢¹½ÊÓƵAT found that, under Area Staff Rule 106.1(16)(D)(ii), the last published special interest rate applies up to and including the month immediately preceding payment. Since the payment was made in August 2022, the Agency properly applied PF Secretariat Circular PFS/08/2022, which declared a negative special interest rate of -15.18% for January¨CJune...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in concluding that the former staff member¡¯s application was not receivable ratione materiae because he did not attempt to resolve the dispute through the office of the United Nations Funds and Programmes Ombudsman, as explicitly required by the Settlement Agreement to which he had expressly agreed. The Ä¢¹½ÊÓƵAT found that the terms of the Settlement Agreement remained binding and enforceable on the parties, and that the Ä¢¹½ÊÓƵDT committed no error in holding the parties to its terms.

The Ä¢¹½ÊÓƵAT further found that the Ä¢¹½ÊÓƵDT did not err in determining that the...

The Ä¢¹½ÊÓƵAT observed that there may have been some ambiguity in paragraph 104 of the Ä¢¹½ÊÓƵAT Judgment for which the Secretary-General requested interpretation. The Ä¢¹½ÊÓƵAT held that the appropriate interpretation was that when the Ä¢¹½ÊÓƵDT renders its new decision on Article 10(5) and 10(6) of the Ä¢¹½ÊÓƵDT Statute, then the non-prevailing party may appeal the new Ä¢¹½ÊÓƵDT judgment in its entirety, including the Ä¢¹½ÊÓƵDT¡¯s holding on the merits.

The Ä¢¹½ÊÓƵAT found that the Secretary-General¡¯s application for interpretation is admissible and granted. It further noted that once the Ä¢¹½ÊÓƵDT fully exercises its jurisdiction on...