Ä¢¹½ÊÓƵ

Ä¢¹½ÊÓƵAT considered the Commissioner-General¡¯s appeal, which alleged that Ä¢¹½ÊÓƵRWA DT erred in finding that the Ä¢¹½ÊÓƵRWA Administration¡¯s decision not to inform Mr Hamayel that his post would not be held for him during his second year of Special Leave Without Pay (SLWOP) was arbitrary and unreasonable, thereby vitiating the decision to transfer Mr Hamayel, and by awarding moral damages. Ä¢¹½ÊÓƵAT found that it was both logical and reasonable to expect the Ä¢¹½ÊÓƵRWA Administration to inform Mr Hamayel that taking a second year of SLWOP would cause him to lose his post. Ä¢¹½ÊÓƵAT noted that, even though Mr Hamayel had no lien on his post, the Ä¢¹½ÊÓƵRWA Administration should have paid due regard to the interests of Mr. Hamayel and informed him when his post was advertised. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵRWA DT¡¯s decision that the lapses on the part of the Ä¢¹½ÊÓƵRWA Administration were arbitrary and unreasonable. However, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵRWA DT erred in awarding moral damages. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵRWA DT found it ¡°unsafe ¡­ to conclude on the basis of the evidence before it that the condition was either caused or aggravated by the stress which he undoubtedly suffered by the way he has been treated. ¡± Ä¢¹½ÊÓƵAT found that the orders from Ä¢¹½ÊÓƵRWA DT to rescind the decision to transfer Mr Hamayel and to reinstate him in his former post upon the expiration of the three-year fixed-term contract of his replacement were sufficient to give Mr Hamayel satisfaction. Ä¢¹½ÊÓƵAT accordingly upheld the Commissioner-General¡¯s appeal against the moral damages. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵRWA DT¡¯s judgment subject to setting aside the award of USD 5,000 compensation for moral damages.