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The disciplinary decision was based on two allegations: first, that the staff member committed a physical assault during a domestic dispute; and second, that the staff member failed to immediately report an arrest and criminal proceedings to the Secretary?General, contrary to staff rule 1.5(d). Regarding the assault allegation, the Tribunal found the evidence sufficient and compelling. It relied on contemporaneous police records, a judicial order of protection identifying the staff member as the aggressor, photographic evidence of injury, consistent sworn statements obtained during the...

Receivability

After considering the evidence on record, the Tribunal found that the challenge to the decision to abolish the Applicant¡¯s post and terminate his continuing appointment was not receivable. It held that the only matter before it was the decision not to extend the Applicant¡¯s employment to cover his sick leave, but instead to terminate his appointment and separate him while he was on certified sick leave.

Merits

First, the Tribunal assessed whether the Applicant was on certified sick leave at the time of his separation on 31 December 2023.

Although sick leave was not formally recorded...