Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT set out the correct legal framework, but thereafter erroneously reviewed the evidence and interfered with the administrative discretion, since Ä¢¹½ÊÓƵRWA had established the misconduct by clear and convincing evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in law in its evaluation of the evidence and that Ä¢¹½ÊÓƵRWA had established the existence of the facts warranting disciplinary sanction. Ä¢¹½ÊÓƵAT held that the procedure and the subsequent decision were lawful and there was no basis to rescind the termination or to award any...

Ä¢¹½ÊÓƵAT considered an appeal of judgment Nos. Ä¢¹½ÊÓƵRWA/DT/2013/035 and Ä¢¹½ÊÓƵRWA/DT/2014/004. Ä¢¹½ÊÓƵAT held that there was no basis to support the Appellant¡¯s claim of legitimate expectations and/or rights for the renewal of his contract. Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate that Ä¢¹½ÊÓƵRWA DT erred with respect to the amount awarded for al damages. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT evaluated all the evidence before it and made a reasoned assessment as to the amount of anxiety and stress suffered by the Appellant. Ä¢¹½ÊÓƵAT held that it would not lightly interfere with the determination of Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General of the order rescinding the decision to transfer the Appellant and the moral damages award. On the Commissioner-General¡¯s argument that Ä¢¹½ÊÓƵDT unduly fettered its discretion to award compensation in lieu of specific performance, Ä¢¹½ÊÓƵAT held that, absent any error of law or manifestly unreasonable factual findings, which were not evident, Ä¢¹½ÊÓƵAT would not interfere with the discretion vested in Ä¢¹½ÊÓƵRWA DT to decide on remedy. Ä¢¹½ÊÓƵAT held that, in all of the circumstances of the case, it was not persuaded by the Commissioner-General¡¯s argument that...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly determined that it did not have jurisdiction to review the decision to suspend him without pay. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was alert to the injury which the prolonged delay caused the Appellant. On the Appellant¡¯s complaint that Ä¢¹½ÊÓƵRWA DT did not address his complaint regarding the deduction by Ä¢¹½ÊÓƵRWA from his personal Provident Fund contributions upon his dismissal, apparently, to recoup an overpayment, Ä¢¹½ÊÓƵAT held that there was no merit in the complaint and the Appellant failed to demonstrate any error of law or fact on the part of the Ä¢¹½ÊÓƵRWA DT when it determined these...

Ä¢¹½ÊÓƵAT held that the Appellant raised the same issues he raised before Ä¢¹½ÊÓƵRWA DT and did not identify how the judgment was in any way defective. Ä¢¹½ÊÓƵAT held that the Appellant did not identify any of the required grounds of appeal and failed to demonstrate that Ä¢¹½ÊÓƵRWA DT committed any error of fact or law in arriving at its decision. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s case was fully and fairly considered by Ä¢¹½ÊÓƵRWA DT and found no error of law or fact in its decision. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT held that, in protesting against the non-inclusion of his Transitional Personal Allowance in his retirement benefit, the Appellant had failed to appreciate the distinction between an allowance and base salary. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly found that under the applicable Staff Rules, the Appellant¡¯s retirement benefit did not include the Transitional Personal Allowance. Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵRWA DT¡¯s finding that the Appellant had not submitted a timely request for decision review with respect to his allegation of impropriety of his transfer and that therefore that claim was...

Ä¢¹½ÊÓƵAT considered two applications, one for correction and one for revision, relating to judgment No. 2013-Ä¢¹½ÊÓƵAT-363. Ä¢¹½ÊÓƵAT held that Mr Chaaban failed to show any clerical or arithmetical mistake to justify the correction of the judgment. Ä¢¹½ÊÓƵAT held that Mr Chaaban failed to identify any decisive fact unknown at the time of the judgment to warrant its revision. Ä¢¹½ÊÓƵAT dismissed both applications.

Ä¢¹½ÊÓƵAT held that the Appellant did not indicate any errors on the part of Ä¢¹½ÊÓƵRWA DT that would require a reversal of its judgment. Ä¢¹½ÊÓƵAT held that there was no error in Ä¢¹½ÊÓƵRWA DT¡¯s finding. Ä¢¹½ÊÓƵAT held that the Appellant did not comply with the filing deadlines. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not commit any error when it determined that the application before it was not receivable as it was time-barred. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT held that both the ASC and APD bestow discretion on the Agency to pay an AAA. Ä¢¹½ÊÓƵAT held that the two instruments, the ASC and the APD, were easily reconcilable. Ä¢¹½ÊÓƵAT held that the ASC deals with the specific situation where an Area staff member acts in an International professional post, while the ADP deals with all other cases of acting appointments. Ä¢¹½ÊÓƵAT held that there was no manifest intention or inevitable construction that the Agency intended to abrogate the specific policy in the ASC. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT was correct in its finding that the ASC had not been implicitly abrogated...

Ä¢¹½ÊÓƵAT considered the appeal, specifically whether Ä¢¹½ÊÓƵRWA DT erred by dismissing the staff members¡¯ motions to adduce supplemental evidence on the grounds of receivability, and whether Ä¢¹½ÊÓƵRWA DT erred by finding that the final contested decision was taken on 3 August 2014. Ä¢¹½ÊÓƵAT found that Abu Malluh et al. acted with due diligence in the proceedings before Ä¢¹½ÊÓƵRWA DT and further demonstrated that the supplemental evidence they sought to have admitted would have led to different findings of fact and changed the outcome of the case. Ä¢¹½ÊÓƵAT noted that while Ä¢¹½ÊÓƵRWA DT has broad discretion to determine the...