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The Ä¢¹½ÊÓƵAT noted that the staff member had filed his appeal of the Ä¢¹½ÊÓƵRWA DT Judgment on his application for execution before the Ä¢¹½ÊÓƵAT Judgment in the underlying case was issued and the Commissioner-General had an opportunity to address the Ä¢¹½ÊÓƵAT Judgment before submitting the answer to the present appeal. The Ä¢¹½ÊÓƵAT found that given these circumstances, it was in the interest of procedural fairness to allow the staff member to submit additional pleadings 20 days from the issuance of the Order and not exceeding five pages. The Ä¢¹½ÊÓƵAT granted the motion for additional pleadings.

The Ä¢¹½ÊÓƵAT held that the former staff member had no legitimate expectation of renewal of her fixed-term appointment, as there was no evidence that the Administration had made any express promise that would have created such an expectation. On the contrary, the Ä¢¹½ÊÓƵAT found that the Administration had properly informed all affected staff, including the former staff member, of the last date of the MADAD Project and advertised 15 clerical posts internally, inviting staff to apply for alternative positions. The Ä¢¹½ÊÓƵAT further held that these actions should be viewed in light of the continuous efforts...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT rightly identified that the standard of proof for placing the staff member on ALWOP was whether there was reasonable suspicion or reasonable grounds to believe that the staff member had committed the alleged misconduct.

The Ä¢¹½ÊÓƵAT rejected the staff member¡¯s argument that his ex-wife¡¯s withdrawal of the complaint against him in a national court should have stopped all investigations against him. The Ä¢¹½ÊÓƵAT noted that the national court had provided the case records to the Agency, and the Agency, following its complete assessment of the situation, can proceed with...

The Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵRWA DT¡¯s determination of the former staff member¡¯s chances of selection for the position at one-fourth on alternative grounds. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT appropriately considered the possibility that the Agency could have introduced additional candidates on an equivalency basis during a second review after the shortlisting phase. In particular, the Ä¢¹½ÊÓƵRWA DT held that, since the sufficient number of candidates for a competitive exercise was normally between three to five candidates per vacancy, it was reasonable to expect that the Agency would have brought more...

The Ä¢¹½ÊÓƵAT noted that before the applicant became a staff member, he had been employed by Ä¢¹½ÊÓƵRWA as complementary personnel with non-staff status and was not entitled to any benefit beyond what had been established for daily-paid workers. The Ä¢¹½ÊÓƵAT observed that neither his daily-paid service contracts nor a sample of daily-paid service contracts applicable at the relevant time mentioned payment of any compensation upon expiration.

The Ä¢¹½ÊÓƵAT found that upon each expiry of the applicant¡¯s daily-paid service contract, it was successively renewed and he was bound by the Agency¡¯s regulations and...

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT had erred in law when it found that the applicable legal framework allowed the interview panel to conduct technical assessments of the candidates. However, the Ä¢¹½ÊÓƵAT held that the procedural irregularity of the panel having held a second round of interviews of a purely technical nature, would not suffice to grant the appeal because the outcome of the recruitment process would have been the same.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT had not erred with regards to the Agency¡¯s failure to correctly apply gender parity rules. The Ä¢¹½ÊÓƵAT found that gender parity had not...