��ż���

The Tribunal found that the rebuttal panel was properly constituted. The Tribunal found that the rebuttal panel’s review of the evidence complied with the applicable norms. The Tribunal found that the Applicant’s medical condition was not an excuse for his reported poor performance. The Tribunal found that because the Applicant’s report of abuse of authority against his supervisor was only filed after the performance appraisal was completed, it had no bearing on the appraisal.

The past practice of the Organization in cases involving sexual harassment shows that disciplinary measures have been imposed at the strictest end of the spectrum, namely, separation from service or dismissal in accordance with staff rule 10.2(a), which has been affirmed by the Appeals Tribunal in various judgments

The Tribunal found that Administration properly calculated the Applicant’s sick leave entitlements and that the procedure to terminate her appointment for health reasons was properly followed. The Tribunal found that as the Applicant had been “re-employed” on the fixed-term contract, staff rule 4.17 prevented the Applicant from claiming that she had completed more than three years of continuous service based on her previous service under the temporary appointment. Therefore, the Applicant’s sick leave entitlement of three months on full salary and three months on half salary was calculated...

The Tribunal finds that the facts on which the disciplinary measure was based have not been established. The decision is rescinded in accordance with art. 10(5)(a) of this Tribunal’s Statute. The Respondent may opt to pay compensation in lieu of rescission comprising her salary from the date of termination to the date when the Applicant would have retired from service. The Applicant has proved that she suffered moral damages and is awarded of two years’ net base salary as damages for moral harm. The Applicant has also proved that she was over deducted by USD20, 987.91 causing her financial...

The Tribunal found that there was a preponderance of the evidence that the Applicant created a hostile work environment and that she unlawfully interfered with recruitment process for P-2 TJO. The Applicant failed to uphold a conduct befitting her status as senior international civil servant. The Applicant’s actions, as established by the facts, were abuse of the Applicant’s authority as Director at the D-2 level and constitute misconduct under the above-mentioned legal framework. The Tribunal found that there was insufficient evidence to support the Administration’s finding that the Applicant...

The Tribunal concluded that based on the totality of evidentiary material, the electronic fuel monitoring system (EFMS) transaction records, Vivo Energy transaction logs, and the identification by witnesses heard in the investigation, it was satisfied that the Applicant’s participation in the fraudulent scheme had been shown by clear and convincing evidence. On the due process prong, the Tribunal noted that the Applicant faulted the conduct of the investigation on the ground that the investigators favoured inculpatory evidence and ignored potential exculpatory factors. The Tribunal observed...

The Tribunal was satisfied that the verbal decision conveyed to the Applicant was “clear and unambiguous” enough to have met the test laid down by the Appeals Tribunal in Auda. The Applicant’s repeated emails to the Respondent to express his disagreement with the impugned decision is evidence of the clarity of the decision. Time began to run from the date the decision was conveyed to him unambiguously.

DSA is provided for official trips only, and these must be formally approved prior to travel. The decision to refuse DSA for the days the Applicant was in Cairo is therefore lawful, as that part of his presence in Cairo was clearly for personal purposes.

1. In relation to the Applicant’s first two claims, the Tribunal recalled that Staff rule 11.2(a) requires any staff member who wishes to formally contest an administrative decision to first submit a request for management evaluation of the administrative decision alleged to be in non-compliance with his or her terms of appointment or contract of employment. In this case, the Tribunal held that the Applicant was required to request management evaluation of those two decisions, but she did not do so. Accordingly, her claims relating to decisions one and two were not receivable ratione materiae...

The facts in support of both counts leveled against the Applicant (count 1: creating a hostile, offensive and humiliating work environment for one staff member and count 2: abuse of authority concerning the recruitment and employment of a consultant) have been established in the case at hand not only by preponderance of evidence, the applicable threshold, but also by clear and convincing evidence. The established facts were in violation of the applicable legal framework, namely ST/SGB/2008/5 and ST/AI/2013/4. Cases involving the creation of a hostile and offensive work environment have...