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Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in law and/or fact resulting in a manifestly unreasonable decision when it found that Ä¢¹½ÊÓƵRWA¡¯s decision not to renew the Appellant¡¯s fixed-term appointment at the end of the probationary period was a lawful exercise of its discretion. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly found that a performance-related justification for the non-renewal was properly given in the form of his electronic Performance Evaluation Report. Ä¢¹½ÊÓƵAT held that the irregularities in the assessment of the Appellant¡¯s performance were not sufficiently substantial or consequential so as to rebut...

ArÄ¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT¡¯s decision not to hold an oral hearing was a shortcoming since the parties had not agreed to the case being decided on the papers and the facts needed to be established by witnesses and/or further documentary evidence. On the question of bias and its possible bearing on the outcome of the selection process, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT should have engaged in a thorough examination of the facts, rather than drawing an inference. Ä¢¹½ÊÓƵAT held that the inference drawn by Ä¢¹½ÊÓƵRWA DT, that it was realistic to conclude that not all of the posts could be filled by suitable candidates...

Ä¢¹½ÊÓƵAT held that, in light of the undertaking the Appellant had signed agreeing to work on the relevant education programme at the remuneration rate determined by Ä¢¹½ÊÓƵRWA, his acceptance of that rate was not compatible with his subsequent claim for retroactive readjustments. Ä¢¹½ÊÓƵAT held that the extra and external activities as a lecturer for physical education did not have the consequence to modify the job duties or title of the Appellant¡¯s post. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT properly treated the question of the Appellant¡¯s additional work in light of PD A/3 related to the parallel education programme...

Ä¢¹½ÊÓƵAT held that there was no evidence before it to support the contention that Ä¢¹½ÊÓƵRWA DT erred in law. Ä¢¹½ÊÓƵAT upheld the findings of Ä¢¹½ÊÓƵRWA DT that there was no evidence that the decision to abolish the Appellant¡¯s post was arbitrary or capricious, motivated by prejudice or extraneous factors, or was flawed by procedural irregularity or error of law. Ä¢¹½ÊÓƵAT held that there was evidence of a process that was motivated by budgetary constraints as well as concerns about the effective management of a redundancy process. Ä¢¹½ÊÓƵAT found no procedural irregularity or any error in law on the part of Ä¢¹½ÊÓƵRWA DT...

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT¡¯s finding. Ä¢¹½ÊÓƵAT held that no purpose would have been served by the conduct of an evaluation exercise for a post that was about to be or had been abolished. Ä¢¹½ÊÓƵAT accepted the Ä¢¹½ÊÓƵRWA DT¡¯s finding that there was a genuine redundancy situation. Ä¢¹½ÊÓƵAT held that there was no evidence before it to support the Appellant¡¯s contention that Ä¢¹½ÊÓƵRWA DT erred in law. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵRWA¡¯s disciplinary system provides that the Commissioner-General may only impose such disciplinary measures on current staff members. Ä¢¹½ÊÓƵAT accordingly found that Ä¢¹½ÊÓƵRWA DT erred in finding that the Commissioner-General was entitled to impose the disciplinary measure of a fine after the Appellant¡¯s employment ended and held that the disciplinary measure had to be rescinded. With respect to the Appellant¡¯s request for compensation, Ä¢¹½ÊÓƵAT noted that it may only award compensation for harm in cases where the individual presented evidence, other than...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in law or fact in dismissing the application. Ä¢¹½ÊÓƵAT held that the evidence had shown that the Appellant did not meet all the requirements for the post to which he had applied, as set out in the vacancy announcement, and that he was rightly placed by Ä¢¹½ÊÓƵRWA in tranche 2 list. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had rightly concluded that, since the Appellant was unsuitable for the post, the failure of the Administration to consider his application in priority as an internal candidate had not vitiated the outcome of the selection process. Ä¢¹½ÊÓƵAT held that the Appellant had...

The Ä¢¹½ÊÓƵRWA Commissioner-General appealed. Ä¢¹½ÊÓƵAT held that the decisions not to grant Mr Abu Lehia sick leave for the specific time periods (28 March to 3 April 2016, 4 April to 17 May 2016, and 18 May 2016 to 7 June 2016) were not reasonable, given the specific factual circumstances of the case at hand and that these decisions were not a valid exercise of the Agency¡¯s discretion. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵRWA DT¡¯s findings and conclusions about illegality. Ä¢¹½ÊÓƵAT held that the Commissioner-General failed to demonstrate any error in the Ä¢¹½ÊÓƵRWA DT¡¯s finding that the Agency¡¯s decision not to grant Mr Abu Lehia...

On the Appellant¡¯s complaint that the non-selection decision was tainted by procedural irregularity and bias, Ä¢¹½ÊÓƵAT noted that the presence of two directors from the Education Department on the interview panel did not offend Ä¢¹½ÊÓƵRWA¡¯s regulatory framework. Ä¢¹½ÊÓƵAT held that it was possible to infer reasonably from the interview panel¡¯s analysis and its sympathetic view of the Appellant that, on the probabilities, it was not prejudiced against her on the basis alleged. Ä¢¹½ÊÓƵAT held that it was evident from the seniority of the position and the role that the incumbent of the post would be required to...

Ä¢¹½ÊÓƵAT held that the staff member had not voluntarily absented himself from duty. Rather, he reported for duty throughout at the office he had been re-assigned to, his whereabouts were known to the Agency and he clearly did not intend to abandon his position. As to the staff member¡¯s refusal to report to his original position as instructed, Ä¢¹½ÊÓƵAT held that his conduct might have been a performance or conduct issue open to censure or discipline. However, Ä¢¹½ÊÓƵAT held that the Agency failed to determine if the conduct constituted insubordination and, if so, a proportional sanction. Instead, Ä¢¹½ÊÓƵAT held...