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Ä¢¹½ÊÓƵAT held that the Appellant had failed to establish any error in fact or law which would warrant the reversal of the Ä¢¹½ÊÓƵRWA DT judgment under appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had correctly characterized the contested administrative decision subject to its judicial review as a demotion and subsequent transfer, which was taken after disciplinary proceedings. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had not erred when, after conducting an adequate review of the requirements for the adoption of a disciplinary measure, it concluded that there had been misconduct and that the sanction was legal and proportionate to...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not act lawfully in issuing an order in direct contravention of the established Ä¢¹½ÊÓƵAT jurisprudence. However, Ä¢¹½ÊÓƵAT also held that parties before Ä¢¹½ÊÓƵDT must obey its binding decisions and that a decision by Ä¢¹½ÊÓƵDT remained legally valid until such time as Ä¢¹½ÊÓƵAT vacated it. Ä¢¹½ÊÓƵAT held that the Secretary-General¡¯s refusal to comply with Ä¢¹½ÊÓƵDT¡¯s order was vexatious. Ä¢¹½ÊÓƵAT reiterated its jurisprudence that the absence of compliance may merit contempt proceedings. Ä¢¹½ÊÓƵAT upheld the appeal in part.

Accountability Referral: The Ä¢¹½ÊÓƵAT...

On the issue of receivability, Ä¢¹½ÊÓƵAT held that there was no merit to the Appellant¡¯s claim that Ä¢¹½ÊÓƵRWA DT had exceeded its competence or jurisdiction in summarily addressing sua sponte the issue of the receivability of the application when the Commissioner-General did not raise that issue in his reply. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s request for review of the contested decision was filed almost a year after he knew of the implied decision and was, therefore, untimely. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s contentions against the participation of the Commissioner-General in the proceedings and to file a...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT rejected the request for an oral hearing since the issues for decision had been clearly defined by the parties¡¯ submissions. Ä¢¹½ÊÓƵAT held that the Secretary-General had failed to persuade it that Ä¢¹½ÊÓƵDT erred on a question of fact resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that it was correct to conclude that the Administration had acted unlawfully when it did not renew the staff member¡¯s appointment because there was not enough evidence to support a determination that the staff member had failed to perform his functions. Ä¢¹½ÊÓƵAT...

As a preliminary matter, Ä¢¹½ÊÓƵAT found that there were no exceptional circumstances to warrant the granting of the Appellant¡¯s motion for leave to file a reply to the Commissioner-General¡¯s answer and denied the motion. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA¡¯s findings that the application was not receivable ratione temporis because it was filed more than three years after the receipt of the termination decision and that Ä¢¹½ÊÓƵRWA DT had no discretion to waive the regulatory time limit of three years, were unassailable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly found that the application was not receivable ratione...

Ä¢¹½ÊÓƵAT considered appeals of both judgment Nos. Ä¢¹½ÊÓƵRWA/DT/2014/026 (judgment on the merits) and Ä¢¹½ÊÓƵRWA/DT/2014/051 (judgment on revision). Ä¢¹½ÊÓƵAT held that the appeal against the judgment on the merits was filed out of time and was not receivable. Ä¢¹½ÊÓƵAT held that the judgment on revision failed to identify a ground of appeal, expressed disagreement, and repeated arguments already considered and rejected by Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT held that the appeal constituted an impermissible attempt to reargue the merits of the case. Ä¢¹½ÊÓƵAT held that the fact upon which the Appellant had based his revision application did...

Ä¢¹½ÊÓƵAT had before it an appeal by the staff member limited to the award of compensation. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵRWA DT set the compensation in lieu of reinstatement award by calculating the sum the Appellant would have received for the remainder of his two-year contract, less the amount he received as salaries from other employers during the same period. Ä¢¹½ÊÓƵAT held that there was no error in this regard. Ä¢¹½ÊÓƵAT held that it was satisfied that in its assessment of compensation in lieu of reinstatement, Ä¢¹½ÊÓƵRWA DT was conscious of the Appellant¡¯s claims for loss of opportunity. Ä¢¹½ÊÓƵAT held that, in view of...

Ä¢¹½ÊÓƵAT considered an appeal against Order No. 057 (Ä¢¹½ÊÓƵRWA/DT/2014) and judgment No. Ä¢¹½ÊÓƵRWA/DT/2014/027. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s request for confidentiality and for the redaction of his name from the Ä¢¹½ÊÓƵRWA DT judgment and affirmed Ä¢¹½ÊÓƵRWA DT¡¯s reasoning. Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request to submit new evidence to Ä¢¹½ÊÓƵAT on the basis that the Appellant did not offer any explanation as to why he was precluded from filing them previously, exceptional circumstances did not exist, and its content would not have affected the decision of the case. Ä¢¹½ÊÓƵAT held that it was for Ä¢¹½ÊÓƵRWA DT to consider that it...

Ä¢¹½ÊÓƵAT held that the Appellant failed to identify the grounds for his appeal and thus, the appeal was defective. Ä¢¹½ÊÓƵAT inferred that the Appellant claimed Ä¢¹½ÊÓƵRWA DT failed to exercise its jurisdiction. Ä¢¹½ÊÓƵAT held that the legal conclusion of Ä¢¹½ÊÓƵDT that the application before it was not receivable was unassailable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err when it did not discuss whether the case was an exceptional case for extending, waiving, or suspending the deadline for the filing of the application. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that the decision to set up a fact-finding panel was not, in and of itself, a decision relating to the contractual rights of a staff member. Ä¢¹½ÊÓƵAT held that such a decision was preliminary in nature and irregularities in connection with that decision, including alleged delay in reaching that decision, may only be challenged in the context of an appeal after the conclusion of the entire process. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s conclusion that the application was receivable was without legal basis as was its award of compensation. Ä¢¹½ÊÓƵAT held that...