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Ä¢¹½ÊÓƵAT considered an appeal of judgment No. Ä¢¹½ÊÓƵRWA/DT/2019/070 by the Commissioner-General of Ä¢¹½ÊÓƵRWA. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not commit any error when it concluded that Ä¢¹½ÊÓƵRWA had failed to consider the Applicant¡¯s personal and humanitarian reasons in the impugned decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly concluded that relevant matters (personal and humanitarian reasons) had been ignored in the exercise of the Commissioner-General¡¯s discretion. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in the amount of compensation it awarded, having considered all relevant circumstances, including the mitigating factor of the Appellant securing new employment. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error of law or make manifestly unreasonable factual findings in its award of financial damages. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in law, and followed binding Ä¢¹½ÊÓƵAT precedent, by refusing to award moral damages based solely on the Appellant¡¯s testimony. Ä¢¹½ÊÓƵAT noted that the Appellant had had the opportunity before Ä¢¹½ÊÓƵDT to apply to adduce the relevant evidence but had...

Ä¢¹½ÊÓƵAT made no finding regarding whether the WMO JAB erred on its finding of receivability, given its decision to remand the matter to Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the report of WMO JAB was not a decision resulting from a neutral first instance process and therefore could not be appealed to Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that such a case had to be remanded for proper consideration by a neutral process that produces a record of the proceedings and a written decision. Ä¢¹½ÊÓƵAT noted that the case could not be remanded to WMO JAB, whose functions were removed by Agreement between the Ä¢¹½ÊÓƵ and WMO dated 20 January 2020. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT held that there was no express rescission of the impugned decision by the Administration. Ä¢¹½ÊÓƵAT held that monthly renewals pending the outcome of the rebuttal of a performance evaluation did not resolve the complaint of the non-renewal of the fixed-term appointment. Ä¢¹½ÊÓƵAT held that the monthly renewals did not rescind or supersede the impugned decision and the application could not be considered moot. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in its decision, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT upheld the appeal, vacated the Ä¢¹½ÊÓƵDT judgment, and remanded the matter to Ä¢¹½ÊÓƵDT for proper...

Ä¢¹½ÊÓƵAT held that the Appellants failed to specifically identify the errors allegedly committed by the Ä¢¹½ÊÓƵRWA DT and therefore the appeals were defective for that reason but considered the appeals given that the appellants were not legally represented. Ä¢¹½ÊÓƵAT held that any error on a finding of fact of when the Appellants receive notification of the administrative decision did not result in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that whether the administrative decision was the expressed verbal communication of the denial to provide compensation or was implied from the refusal or failure to...

Ä¢¹½ÊÓƵAT held that the Appellant failed to demonstrate exceptional circumstances warranting the admission of additional evidence on appeal. Ä¢¹½ÊÓƵAT found no errors in the Ä¢¹½ÊÓƵDT¡¯s analysis that there were no procedural flaws in the investigation that impacted the Appellant¡¯s rights. Ä¢¹½ÊÓƵAT found no errors in Ä¢¹½ÊÓƵDT¡¯s finding that the Administration had the discretion to initiate disciplinary proceedings. Ä¢¹½ÊÓƵAT held that the Administration could neither be compelled to initiate disciplinary proceedings nor impose the reasonable accommodation requested by the Appellant, namely no contact with his First...

Ä¢¹½ÊÓƵAT held that the Appellant did not meet her burden of proving that Ä¢¹½ÊÓƵDT clearly exceeded its jurisdiction or competence when it reassigned the cases. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT decision on assignment and reassignment of judges are matters of case management and the fair and efficient functioning of the tribunal¡¯s processes and within the Ä¢¹½ÊÓƵDT¡¯s jurisdiction. Ä¢¹½ÊÓƵAT held that there had been no removal or replacement of Judge Downing, but rather that his term had expired. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not clearly exceed its jurisdiction and the appeals were not receivable. Ä¢¹½ÊÓƵAT also noted that it does...

Ä¢¹½ÊÓƵAT held that the appeal was defective for failure to identify errors made by Ä¢¹½ÊÓƵRWA DT. However, noting that the Appellant was self-represented, Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵRWA DT erred in finding that Ä¢¹½ÊÓƵRWA had properly exercised its discretion in transferring the Appellant. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in jurisdiction, procedure, law, or in fact in dismissing the Appellant¡¯s application. Ä¢¹½ÊÓƵAT upheld Ä¢¹½ÊÓƵRWA DT¡¯s finding that the Appellant did not meet the burden of proving that the decision to transfer him to another post after the abolition of his post was exercised arbitrarily or...

As a preliminary matter, Ä¢¹½ÊÓƵAT declined to receive the Appellant¡¯s additional evidence on the basis that the Appellant failed to show exceptional circumstances, explain why the additional evidence could not have been filed before Ä¢¹½ÊÓƵDT, or demonstrate its relevance and materiality. On the merits, Ä¢¹½ÊÓƵAT held that working overtime over the years does not amount to an administrative decision, noting that the Appellant failed to provide evidence of the Administration requesting him to work overtime or of any request by him for compensation and a denial thereof. Ä¢¹½ÊÓƵAT held that knowledge of the...

As preliminary matters, Ä¢¹½ÊÓƵAT held that: (1) an oral hearing would not assist in the expeditions and fair disposal of the case, noting that the issues of jurisdiction and receivability did not require oral testimony and argument for the fair disposal of the appeal; (2) an order for production of documents was not necessary; (3) the Registry would provide an Arabic translation of the judgment; and (4) the Appellant¡¯s in-session motion, viewed by Ä¢¹½ÊÓƵAT as a veiled motion for additional pleadings and a request for adjournment, was denied for lack of exceptional circumstances, noting that the...