2013-Ģ��ƵAT-289

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

As a preliminary issue, Ģ��ƵAT held that Ģ��ƵRWA DT did not follow the proper procedure when it allowed the Respondent to participate in the proceedings without a formal request for waiver of time limit for filing its answer and taking part in the trial. Ģ��ƵAT held that another significant irregularity took place during the proceedings before Ģ��ƵRWA DT, in light of which Ģ��ƵAT was compelled to annul the judgment and remand the case for a de novo consideration by a different Ģ��ƵRWA DT Judge, namely that Ģ��ƵRWA DT committed an error in procedure when it denied the Appellant��s request for a copy of the investigation report, all the more so when one of the main reasons for his request was the allegation of conflict of interest and bias, which, he claimed, affected the administrative investigation that served as the basis for the termination of his contract. Ģ��ƵAT held that, when challenging a termination for disciplinary reasons, the staff member is entitled to review by him or herself the evidence used to support the conclusion of misconduct, to examine whether the fact-finding conducted by the Administration led to the conclusion and the impugned decision. Ģ��ƵAT held that the failure to provide the Appellant with the investigation report prejudiced his right to due process. Ģ��ƵAT annulled the Ģ��ƵRWA DT judgment and remanded the case for a de novo trial before a different Ģ��ƵRWA DT Judge.

Decision Contested or Judgment/Order Appealed

Ģ��ƵRWA DT judgment: The Applicant contested the decision to terminate his appointment for misconduct in the form of multiple violent altercations and subsequently, an attempt to mislead the investigation. Ģ��ƵRWA DT dismissed the application.

Legal Principle(s)

Transparency, equal treatment of the parties and due respect to the quoted norm require that a formal motion be introduced when there is an attempt to file a late answer and that the other party must be notified and preferably heard about the petition before the Judge decides on the motion, through a proper and motivated order.

Outcome

Appeal granted

Outcome Extra Text

No relief ordered; No relief ordered.

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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

Wishah

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement