2010-Ģ��ƵAT-081

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that Ģ��ƵDT erred in failing to consider adequately the Appellant��s evidence, noting she was not given the opportunity to prove her case, including allegations of discrimination, at the Ģ��ƵDT hearing, which included the opportunity to call evidence and to challenge the Administration��s evidence. Ģ��ƵAT held that Ģ��ƵDT erred in law in allowing testimony to be given at the hearing that was neither sworn, affirmed, nor made under a promise, to tell the truth. Ģ��ƵAT allowed the appeal, set aside the Ģ��ƵDT judgment and ordered reinstatement or the award of compensation in lieu of reinstatement in the amount of two years�� net base salary.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to renew her appointment. Ģ��ƵDT rejected the application.

Legal Principle(s)

Testimony should not be admitted that was given without any promise, affirmation, or oath to tell the truth.

Outcome

Appeal granted

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Azzouni

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement