Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements
Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT did not err on questions of fact by ignoring or failing to examine what the Appellant considered to be evidence, which constituted mere allegations and unsubstantiated argumentation on his part. Ä¢¹½ÊÓÆµAT held that the Appellant did not support his submission by any grounds which would bring the issue within the remit of Ä¢¹½ÊÓÆµAT. Noting that the Appellant relied upon the statements and observations which he had brought before Ä¢¹½ÊÓÆµDT, Ä¢¹½ÊÓÆµAT noted that a litigant¡¯s past allegations and arguments cannot be considered evidence per se. Ä¢¹½ÊÓÆµAT held that it was not the task of Ä¢¹½ÊÓÆµDT (or Ä¢¹½ÊÓÆµAT) to step into the Administration¡¯s role and repeat the Retention Panel procedure, or to assess the staff members¡¯ possibilities during the downsizing exercises or post abolition. Ä¢¹½ÊÓÆµAT held that no procedural flaw by the Retention Panel was established by the Appellant before Ä¢¹½ÊÓÆµDT or Ä¢¹½ÊÓÆµAT and no irregularity could be inferred from an undated document, which supposedly listed his post as ¡°non-abolished¡±. Ä¢¹½ÊÓÆµAT considered that the issue of the non-initiation of a preliminary investigation was adequately considered by Ä¢¹½ÊÓÆµDT as not being part of the Appellant¡¯s management evaluation request. Ä¢¹½ÊÓÆµAT noted that the failure to undertake that kind of investigation does not constitute sufficient ground to make the impugned decision illegal or to render incorrect the first instance court¡¯s conclusions. Ä¢¹½ÊÓÆµAT held that the Appellant had not shown any real error of fact or law in the impugned judgment which would warrant its reversal. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµDT judgment.
Decision Contested or Judgment/Order Appealed
Ä¢¹½ÊÓÆµDT judgment: The Applicant contested the decision not to renew his fixed-term appointment as a result of a downsizing process and the abolition of his post. Ä¢¹½ÊÓÆµDT rejected the application, finding that the application was based on unsubstantiated allegations and that the Applicant had failed to demonstrate the unlawfulness of the contested administrative decision.
Legal Principle(s)
A litigant¡¯s past allegations and arguments cannot be considered evidence per se.