É«¿âTV

The Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Hearings in disciplinary matters: The Tribunal held that it is the duty of the Judge to decide whether the nature of the case is such that a hearing may be dispensed with. The Judge should consider the following factors: (i) the issues raised and their complexity; (ii) the availability and relevance of witnesses; (iii) the stand of the Applicant and that of Respondent; and (iv) the legal issues involved...

The application was withdrawn by the Applicant.

The application was withdrawn by the Applicant.

Receivability: The Tribunal concluded that the Applicant’s challenge to ICTR’s decision is not receivable because the decision had no legal consequences which caused her material harm or otherwise adversely affected her terms or conditions of appointment. Request for anonymity: The Tribunal concluded that in balancing the right of the Applicant to have her personal data and sensitive material protected against the principle of transparency, the pleadings and associated documents did not reveal any material or information concerning the Applicant that requires protection.

The Tribunal was unable to conclude that the presumption of regularity in the selection process had been rebutted by the Applicant. There was nothing to suggest that the Respondent was motivated by any improper factors in selecting a candidate other than the Applicant. The Applicant did not, even on a preponderance of evidence, establish that the selection process was not fair. The Tribunal could not conclude that the Applicant was subjected to any discrimination or that the selection exercise was tainted.

The Tribunal found that it was established by clear and convincing evidence that the Applicant had had sexual intercourse with two persons under the age of eighteen and that the sanction of dismissal, together with a fine, were proportionate to the established misconduct. This conclusion was independent from the outcome of the judicial proceedings before the national courts of Kosovo with respect to the violation(s) of the CCK. Standard of review of disciplinary matters: In reviewing disciplinary matters, the Tribunal must examine(1) whether the facts on which the disciplinary measure was...

After conducting case management and issuing a number of orders, the Tribunal considered that the Applicant had identified four decisions and/or issues for consideration: (a) a decision in 2010 in which she was denied the full period of annual leave that she had requested; (b) an implied decision or decisions not to provide her with a job description in a timely manner; (c) an implied decision or decisions not to reduce her workload despite awareness on the part of management that she was suffering from health issues; and (d) whether she should be awarded compensation for the effect of the...

The Tribunal (a) granted the application in part, (b) rescinded the contested decision in part and replaced the excessive and unlawful disciplinary measure of dismissal with the lesser sanction of separation from service with termination indemnity; (c) ordered the judgment to be included in the Applicant’s official status file and all references relating to the disciplinary sanction of dismissal to be removed from this file and to be replaced with the new sanction, namely separation from service with termination indemnity; and (d) in the event that the Respondent would decide not to rescind...

The Applicant has made it clear in his email dated 23 April 2021 that the objective of his filings is solely to protect his staff rights should the Administration fail to finalize his claim under Appendix D. The Tribunal does not see the need to maintain current legal proceedings considering that the Applicant has the right to file an independent application contesting an administrative decision regarding his Appendix D claim under art. 2.1(a) of the Tribunal’s Statute. Judicial remedy is not warranted, at this stage, in the present case. Moreover, as of the date of this Judgment, the...