2015-Ģ��ƵAT-514

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that Ģ��ƵDT correctly determined that it did not have jurisdiction to review the decision to suspend him without pay. Ģ��ƵAT held that Ģ��ƵDT was alert to the injury which the prolonged delay caused the Appellant. On the Appellant��s complaint that Ģ��ƵRWA DT did not address his complaint regarding the deduction by Ģ��ƵRWA from his personal Provident Fund contributions upon his dismissal, apparently, to recoup an overpayment, Ģ��ƵAT held that there was no merit in the complaint and the Appellant failed to demonstrate any error of law or fact on the part of the Ģ��ƵRWA DT when it determined these deductions constituted a separate administrative decision, which could not be reviewed in the context of the application before the Ģ��ƵDT. Ģ��ƵAT found no merit in the other claims put forward by the Appellant. Noting that Ģ��ƵRWA DT awarded compensation beyond the two years�� net base salary, Ģ��ƵAT held that the award fell well within the bounds of reasonableness and that the award was fair and reasonable. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵRWA DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to suspend him without pay and his subsequent summary dismissal for serious misconduct. Ģ��ƵRWA DT found that the decision to suspend him was not receivable, the summary dismissal was lawful, and awarded moral damages of 25 months�� net base salary for the excessive delay.

Legal Principle(s)

The first instance tribunal is the body best placed to assess the level of damages to be awarded in any particular case. In the absence of a compelling argument that Ģ��ƵDT erred on a question of law, or on a question of fact resulting in a manifestly unreasonable decision, Ģ��ƵAT will not lightly interfere with the findings of the first instance tribunal.

Outcome

Appeal dismissed on merits

Outcome Extra Text

Only financial compensation; Only financial compensation.

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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

Abu Nada

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement