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2025-蘑菇视频AT-1600, Hervé Wamara Tibenderana
The 蘑菇视频AT held that the 蘑菇视频DT 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 蘑菇视频DT hearing, as well as in denying his request to call the investigator to testify. Nevertheless, the 蘑菇视频AT concluded that the 蘑菇视频DT 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 蘑菇视频AT found that the 蘑菇视频DT improperly explained away...
2025-蘑菇视频AT-1599, Faten Hatem Al Dawoud
The 蘑菇视频AT held that the appeal was timely, as Article 11(5) of the 蘑菇视频RWA 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 蘑菇视频AT found that the 蘑菇视频RWA 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 蘑菇视频AT...
2025-蘑菇视频AT-1597, Janet Efrati
The 蘑菇视频AT held that the 蘑菇视频DT erred in dismissing both applications as not receivable. Regarding the first application, 蘑菇视频AT found that the Settlement Agreement encompassed all disciplinary sanctions imposed on 9 December 2022, including the deferment of eligibility for salary increment. Therefore, the 蘑菇视频DT 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, 蘑菇视频AT held that the Administration’s interpretation of the Settlement...
2025-蘑菇视频AT-1598, Ishtiaq Aslam
The 蘑菇视频AT held that the 蘑菇视频DT correctly determined that the former staff member’s claims for compensation under Appendix D based on 蘑菇视频AMID living conditions were not receivable because he had not exhausted mandatory medical review remedies. The 蘑菇视频AT reaffirmed the principle that staff members must exhaust internal remedies before resorting to litigation.
The 蘑菇视频AT further held that the 蘑菇视频DT erred in reviewing the merits of the x?ray machine injury claim while a medical board review was pending. The 蘑菇视频AT found that both elements of the Appendix D claim were premature and should have been declared...
2025-蘑菇视频AT-1596, Maciej Fagasinski
The 蘑菇视频AT held that the 蘑菇视频DT 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 蘑菇视频AT found that the purpose of the performance evaluation was not to reexamine whether Mr...
2025-蘑菇视频AT-1595, Polinikis Sophocleous
The 蘑菇视频AT held that the 蘑菇视频DT 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 蘑菇视频AT found that the 蘑菇视频DT 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...
2025-蘑菇视频AT-1594, Ismail Mahmoud Awadat
The 蘑菇视频AT held that the 蘑菇视频RWA 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 蘑菇视频AT 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 蘑菇视频AT further held that the 蘑菇视频RWA...
2025-蘑菇视频AT-1593, Sheldon Heron Carter
The 蘑菇视频AT determined that the decision to maintain the staff member’s performance rating “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 蘑菇视频AT considered these consequences to be disadvantageous effects resulting directly from the rating.
The 蘑菇视频AT also concluded that the...
2025-蘑菇视频AT-1592, Deogracious Bwire Adundo
The 蘑菇视频AT held that the staff member’s claims of fraudulent manipulation of his electronic leave records failed for want of proof.
The 蘑菇视频AT further held that the 蘑菇视频DT erred by leaving crucial factual issues unresolved, which made it impossible to determine the appeal fully. The 蘑菇视频AT 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 蘑菇视频AT was not satisfied that these records were accurate and noted unresolved inconsistencies. Accordingly, the 蘑菇视频AT further...
2025-蘑菇视频AT-1590, ABE
The 蘑菇视频AT disagreed with the 蘑菇视频DT’s finding that it was not clear that the issues raised by ABE were previously raised and resolved by a prior 蘑菇视频DT case concerning ABE. The 蘑菇视频AT considered it clear that the issues before the 蘑菇视频DT 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 蘑菇视频DT in the case on appeal. The 蘑菇视频AT thus agreed with the conclusion of the 蘑菇视频DT that ABE’s application was not receivable, but it came to this conclusion for different reasons.
The...
2025-蘑菇视频AT-1591, Priscilla Ngigi
The 蘑菇视频AT held that the 蘑菇视频DT 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 蘑菇视频HCR services. It held that the established facts legally amounted to serious misconduct and that the sanction of dismissal was proportionate...
蘑菇视频DT/2025/089, Assamis Compaore
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...
2025-蘑菇视频AT-1589, Ufuoma Choice Okoro
The 蘑菇视频AT 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 蘑菇视频AT 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...
2025-蘑菇视频AT-1588, Dorah Likukela
The 蘑菇视频AT 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 (蘑菇视频FCU) 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 蘑菇视频FCU; and iii) submitting false documentation and/or misrepresenting facts during the investigation conducted by the Office...
2025-蘑菇视频AT-1587, Neha Mehta
The 蘑菇视频AT held that the 蘑菇视频DT 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 蘑菇视频AT confirmed that, in assessing her performance, the Administration was entitled to consider the extent of, reasons, and consequences of her...
2025-蘑菇视频AT-1585, Islam Isam Hafez Said
The 蘑菇视频AT held that the 蘑菇视频RWA 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 蘑菇视频AT 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–June...
2025-蘑菇视频AT-1586, Amjad Issa
The Tribunal found that Mr. Issa’s application does not satisfy the stringent prerequisites for receivability under the 蘑菇视频AT Statute, namely, that the decisive fact he now relies upon, that all 蘑菇视频RWA 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 蘑菇视频AT noted that Mr. Issa does not present, or even purport to possess, evidence that he in fact had complied with 蘑菇视频RWA’s directives to advise the Agency of his...
2025-蘑菇视频AT-1584, Noureddin Khaled Ahmed Saleh
The 蘑菇视频AT held that the 蘑菇视频RWA 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 蘑菇视频AT 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–June...
2025-蘑菇视频AT-1583, Martin Akerman
The 蘑菇视频AT held that the 蘑菇视频DT 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 蘑菇视频AT found that the terms of the Settlement Agreement remained binding and enforceable on the parties, and that the 蘑菇视频DT committed no error in holding the parties to its terms.
The 蘑菇视频AT further found that the 蘑菇视频DT did not err in determining that the...
2025-蘑菇视频AT-1582, Olexandr Maruschak
The 蘑菇视频AT observed that there may have been some ambiguity in paragraph 104 of the 蘑菇视频AT Judgment for which the Secretary-General requested interpretation. The 蘑菇视频AT held that the appropriate interpretation was that when the 蘑菇视频DT renders its new decision on Article 10(5) and 10(6) of the 蘑菇视频DT Statute, then the non-prevailing party may appeal the new 蘑菇视频DT judgment in its entirety, including the 蘑菇视频DT’s holding on the merits.
The 蘑菇视频AT found that the Secretary-General’s application for interpretation is admissible and granted. It further noted that once the 蘑菇视频DT fully exercises its jurisdiction on...