Ä¢¹½ÊÓƵRWA DT did not err in its determinations or award of moral damages, which was a reasonable amount in the circumstances. Ä¢¹½ÊÓƵRWA DT did not err in deciding not to order any material damages. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.
As a preliminary matter, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT exercised its discretion in consolidating the cases lawfully and appropriately. Ä¢¹½ÊÓƵAT held the impugned decision was taken in good faith and on a reasonable basis. Ä¢¹½ÊÓƵAT held that there was a bona fide reason to restructure and that it was operationally rational not to renew certain fixed-term appointments on a full-time basis but to reclassify them to part-time appointments. Ä¢¹½ÊÓƵAT held that the Appellants¡¯ claim that their acquired rights were violated was without merit. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.
Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT exercised its discretion to consolidate the cases lawfully and appropriately. Ä¢¹½ÊÓƵAT held that there was a bona fide reason to restructure and that it was operationally rational to abolish the posts and reclassify them from full-time to part-time posts at that time. Ä¢¹½ÊÓƵAT held that the Appellants¡¯ contention that their acquired rights were violated had no merit. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.
Ä¢¹½ÊÓƵAT held that, although no performance evaluation process was legally required for termination, an appropriate procedure should have been followed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA failed to indicate that the contract would be terminated before its expiration date if the staff member did not improve his performance, and the lack of fair warning rendered the decision to terminate unlawfully. Ä¢¹½ÊÓƵAT granted the appeal in part, rescinded the termination decision, and ordered reinstatement, with an in-lieu compensation of two months¡¯ net base salary.
Ä¢¹½ÊÓƵAT considered an application for interpretation and another for execution of judgment filed by the staff member. Regarding the application for interpretation of judgment, Ä¢¹½ÊÓƵAT held that the judgment was clear in its meaning and written in plain and unambiguous language, which left no reasonable doubt as to what it meant, requiring no interpretation. Regarding the application for execution of judgment, Ä¢¹½ÊÓƵAT held that there was no need to order execution, namely the Appellant¡¯s reinstatement, since the judgment had already been fully executed by means of compensation, rather than rescission...
nglÄ¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in law or fact in finding that the facts on which the disciplinary measure was based had been established. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT that the preponderance of the evidence showed that the Appellant hit a student forcefully on the back during the 25 October 2016 distribution of school bags. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in relying on the testimony of the Donor Relations Officer (DRO), which is of high value. Ä¢¹½ÊÓƵAT noted that he was a neutral witness without any personal interest in the matter and he did not know the Appellant before. Ä¢¹½ÊÓƵAT held that...
The Appellant challenged Ä¢¹½ÊÓƵRWA DT¡¯s finding that his application was not receivable ratione materiae. Ä¢¹½ÊÓƵAT held that the appeal was not receivable ratione materiae as he did not make a timely request for management evaluation. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.
Ä¢¹½ÊÓƵAT considered appeals from both Mr. Sirhan and the Commissioner-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT exceeded its competence and erred in fact and law by rescinding the decision to terminate Mr. Sirhan on medical grounds. Ä¢¹½ÊÓƵAT held that the decision to convene a Medical Board more than one month after Mr. Sirhan¡¯s service-incurred injury in order to examine his fitness for continued service with Ä¢¹½ÊÓƵRWA was reasonable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in law in interpreting the Area Staff Rules as requiring Ä¢¹½ÊÓƵRWA to provide injured staff members adequate time for recovery before deciding to appoint a...
Ä¢¹½ÊÓƵRWA DT did not exceed its competence when assessing whether the decision to convene a medical board was lawful. The decision to convene a Medical Board five months after the service-incurred-injury in order to examine his fitness for continued service was reasonable. Ä¢¹½ÊÓƵRWA DT erred in deciding that the decision to convene a medical board less than five months after the Appellant¡¯s service-incurred injury was unlawful. Ä¢¹½ÊÓƵRWA DT erred in law and exceeded its competence by challenging the authority of the Medical Board¡¯s conclusion without clear and convincing medical evidence, by placing...
Ä¢¹½ÊÓƵAT considered an appeal by Mr. Mezyed. As a preliminary matter, Ä¢¹½ÊÓƵAT denied Mr. Mezyed¡¯s request for an oral hearing. Turning to the merits of the appeal, Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT had applied correctly the first four conditions in Area Staff Rule 109.4 precedent to possible severance from service for abandonment of post. As to the fifth condition, Mr. Mezyed¡¯s failure to submit an acceptable written explanation for his failure to report, Ä¢¹½ÊÓƵAT found that the Agency had failed to properly address the grounds advanced by Mr. Mezyed for his non-return, and as such, the Ä¢¹½ÊÓƵRWA DT could not...
