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The Appeals Tribunal found, in relation to the first application, that Ms. Said has produced no evidence of harm, much less of harm caused by an illegality, and therefore the request for damages was denied.

As to the second application, the Appeals Tribunal found that the investigation had been closed with no action taken, and no adverse material from that investigation had been placed in Ms. Said¡¯s Official Status File. In the absence of an appealable administrative deciison, the Appeals Tribunal was satisfied that the Ä¢¹½ÊÓƵRWA DT was correct in finding that the second application was not...

The Ä¢¹½ÊÓƵAT held that none of the factors that the Ä¢¹½ÊÓƵRWA DT considered as warranting exceptional compensation, were indeed exceptional, either individually or collectively. The Ä¢¹½ÊÓƵAT found that the former staff member¡¯s permanent staff status, his long service, his difficulties in finding subsequent employment, his status as a refugee, the unproven nature of the sexual harassment allegations, and the delays in his case, were not the type of circumstances that would warrant an exceptional compensation award. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT erred in awarding in-lieu compensation above the...

The Ä¢¹½ÊÓƵAT noted that the Ä¢¹½ÊÓƵRWA DT had ordered each party to nominate a psychiatrist, who in turn were to designate a third psychiatrist to review whether the staff member¡¯s mental condition at the time he committed the burglary, sentencing for which had been the grounds for his separation in the interest of the Agency.The Commissioner-General failed to comply with this instruction, without explanation, thereby leaving the Ä¢¹½ÊÓƵRWA DT with no medical information about AAW's condition at the time of the burglary.

The Ä¢¹½ÊÓƵAT found that the Commissioner-General had clearly and manifestly abused the...

The Ä¢¹½ÊÓƵAT found that an objective reading of the staff member¡¯s request for decision review showed clearly that she had only contested the second and not the first reprimand, both issued for not performing assigned teaching tasks. The Ä¢¹½ÊÓƵAT considered references to the official having issued it, its date and the remedy sought indicated in the request. The Ä¢¹½ÊÓƵAT therefore held that the Ä¢¹½ÊÓƵRWA DT had not erred in fact or in law when it considered that the staff member had not submitted a request for decision review in respect of the first reprimand and found the application in the respective part...

The Ä¢¹½ÊÓƵAT held that with no evidence of a manifest abuse of proceedings by the Commissioner-General before the Ä¢¹½ÊÓƵRWA DT, nor any finding by the Ä¢¹½ÊÓƵRWA DT of such an abuse of proceedings, the legal cost orders made by the Dispute Tribunal did not accord with the terms of Article 10 of the Ä¢¹½ÊÓƵRWA DT Statute and were therefore unjustified and could not be sustained. Moreover, if the Ä¢¹½ÊÓƵAT considered that the legal costs were awarded by the Ä¢¹½ÊÓƵRWA DT under Article 10(5)(b) (which was not apparent from the Judgment), there existed no basis to justify such an order given the evidence before the Dispute...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT correctly identified several procedural irregularities in the contested decision. Pursuant to paragraph 9 of the Department of Internal Oversight Services (DIOS) Technical Instruction 02/2016 on Ä¢¹½ÊÓƵRWA¡¯s Investigation Policy (DTI 02/2016), the investigation should have been authorized within 10 days of the Intake Committee¡¯s report; yet here, the authorization to investigate took 11 months to be given. The Ä¢¹½ÊÓƵAT found that this delay was so excessive that it would distress an average person.

Analyzing the evidence presented by the staff member regarding the...

The Appeals Tribunal dismissed the appeal. The Appeals Tribunal found that the Ä¢¹½ÊÓƵDT correctly held that Mr. Qasem's application before the Ä¢¹½ÊÓƵDT challenging the decision to place him on administrative leave with pay was filed untimely and was therefore not receivable ratione temporis. Furthermore, his application contesting the decision to conduct various investigations of him was not receivable ratione materiae in the absence of a request for decision review.

The Ä¢¹½ÊÓƵAT considered an appeal by the staff member.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT¡¯s reasoning for refusing an oral hearing because the staff member failed to establish that her appeal was receivable, was ex post facto and, thereby, erroneous.

The Ä¢¹½ÊÓƵAT found that there was an error in the Ä¢¹½ÊÓƵRWA DT¡¯s calculation of compensation in lieu of rescission of the non-selection decision as there was no evidence to support the conclusion that the Ä¢¹½ÊÓƵRWA would have found her unsuitable for the role at the end of the probationary period.

The Ä¢¹½ÊÓƵAT was of the view that the Ä¢¹½ÊÓƵRWA DT¡¯s methodology of fixing...

The Ä¢¹½ÊÓƵAT held that the absence of a case management discussion and an oral hearing before the Ä¢¹½ÊÓƵDT was not a procedural error.

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT did not err in admitting and considering the memorandum of allegations of misconduct, as it was used by the Administration only to verify that circumstances warranting the placement of the Appellant on ALWP occurred. The Ä¢¹½ÊÓƵAT also found that the OIOS Investigation Report did not refer to the communications between the Appellant and his counsel, nor to exchanges during a mediation process, but only considered the Appellant¡¯s objective...

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT did not err in its award of in-lieu compensation. It appropriately considered Mr. Fanous¡¯ chance of selection for the post when it stated that it considered there was no guarantee of a future selection. The Ä¢¹½ÊÓƵRWA DT applied a context-specific lump sum amount. It considered the likelihood of selection and Mr. Fanous¡¯ salary at the time. It made a determination that was fair and just in the present case but also took a principled approach that considered all relevant considerations.

As to Mr. Fanous¡¯ request for moral damages, with regard to the First and...