51ÁÔÆæ

The Tribunal agreed with the Respondent that the Applicant was reckless in his failure to report a fraud which he was aware of. He chose to conceal and abet the perpetration of a fraud. The facts were established to the requisite standard by the Applicant¡¯s own admissions and the evidence on record. The Tribunal held that the established facts clearly constituted misconduct as charged. The elements of the charge of abetting and concealing fraud were established through the evidence. The Applicant who had possession of important knowledge about fraudulent document passing through his office...

The burden of proving the provenance and authenticity of the footage is on the Respondent. The Tribunal found that the challenge as to the evidentiary value of the video can properly be dismissed, given the type of document (a video file), its content (a continuous show of people interacting with no discrepancies) and the comments on it by the Applicant (as mentioned). The Tribunal found that a forensic examination of the files was not necessary and that the anonymity of the sources did not undermine its clear and objective content. In this case, the Applicant was not simply careless to have...

The Tribunal held that staff members¡¯ obligations under staff regulations 1.2(a), (b) and (f) are not limited to the work environment but also apply in a certain way to their private lives. The Applicant¡¯s actions constituted physical conduct of a sexual nature that might reasonably be excepted or be perceived to cause offence or humiliation to the complainant. There was no doubt that the Applicant¡¯s conduct was unwelcome. The Tribunal found no grounds to review the level of the sanction imposed on the Applicant.

The Tribunal concludes from the evidence that the Applicant commented adversely on V01¡¯s clothing during his visit to the National Committee. However, while acknowledging that the comments may have been out of line given that he had no supervisory role over the staff in the National Committee, the Tribunal does not find that evidence supports that this conduct had a sexual component. The Tribunal is satisfied that there is clear and convincing evidence that the Applicant compared V01¡¯s age to his son while stating that he tried to avoid speaking to older women. The Tribunal is also satisfied...

The Tribunal found it most unlikely that¡ªin the hypothesis that the Applicant¡¯s fixed-term appointment had not already been terminated on 9 May 2018¡ªit would have been renewed from 31 August (the expiry date of his fixed-term appointment) to 31 December 2019 (the last date before the abolition of his post). The Tribunal found that despite the Applicant¡¯s skills and credentials, it would be most unlikely that he would have been transferred to the post of the Director of Governance Services.

The Applicant was awarded the full salary (net base salary plus post adjustment) he would have obtained...

The Tribunal found that the Administration properly qualified the Applicant¡¯s conduct towards the Complainants as sexual harassment, but found the sanction disproportionate to the offence. The Tribunal is of the view that, while in the assessment of accusations of harassment the test focuses on the conduct itself - and requires an objective examination as to whether it could be expected or perceived to cause offence or humiliation to a reasonable person, being not necessary instead to establish that the alleged offender was ill-intended (see Belkahbbaz UNAT-2018-873, para. 76) -, the lack of...

Whether the Administration provided a valid and fair reason for the contested decision In determining whether a valid and fair reason exists to terminate the Applicant¡¯s appointment for unsatisfactory performance, the Tribunal will examine in turn the following issues: i. Whether the Applicant in fact failed to meet the performance standards; ii. Whether he was aware, or could reasonably be expected to have been aware, of the required standards; iii. Whether he was given a fair opportunity to meet the required standards; and iv. Whether termination of appointment is an appropriate action for...

The circumstances of the Applicant's severe illness, travel difficulties and the security issues in Sudan were all worthy considerations duly taken into account by the Organization during efforts made to accommodate the Applicant and achieve partial resolution as aforementioned. On receipt of the Applicant¡¯s management evaluation request, it was also within the discretion of the Respondent based on staff rule 11.2(c) to extend the 60- day deadline. That discretion, however, does not extend to the Tribunal. The Tribunal has no jurisdiction to waive the management evaluation request deadlines...

The Applicant was terminated without being given the statutory three months¡¯ notice. Without that notice, the regulatory framework provides that compensation in lieu of the three months¡¯ notice had to be paid. For reasons similar to those stated in Ahmed, the grant of SLWFP to the Applicant for part of the period neither supplants nor equates to the Respondent¡¯s obligation to have given the Applicant his due notice on 10 September 2010. The Staff Regulation and Rules requires the staff member to either be given notice or payment in lieu of that notice. The Applicant in this case received...

There was no express indication that the Judgment of the 11th Judicial Circuit Court was executable upon issuance, neither was the issue investigated by the administration in the proceedings leading to the impugned decision. Rather, pertinent documents focus on the finality, apparently presumed from the title ¡®Final judgment of dissolution of marriage¡¯. The title should not have been relied upon. The contested decision was not based on a court order whose enforceability was unequivocal. The Tribunal did not find any indication of the judgment by the Third District Court of Appeal of the State...