Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements
Ä¢¹½ÊÓÆµAT considered an appeal against Order No. 057 (Ä¢¹½ÊÓÆµRWA/DT/2014) and judgment No. Ä¢¹½ÊÓÆµRWA/DT/2014/027. Ä¢¹½ÊÓÆµAT rejected the Appellant¡¯s request for confidentiality and for the redaction of his name from the Ä¢¹½ÊÓÆµRWA DT judgment and affirmed Ä¢¹½ÊÓÆµRWA DT¡¯s reasoning. Ä¢¹½ÊÓÆµAT denied the Appellant¡¯s request to submit new evidence to Ä¢¹½ÊÓÆµAT on the basis that the Appellant did not offer any explanation as to why he was precluded from filing them previously, exceptional circumstances did not exist, and its content would not have affected the decision of the case. Ä¢¹½ÊÓÆµAT held that it was for Ä¢¹½ÊÓÆµRWA DT to consider that it had before it sufficient information to enable it to reach its decision without holding an oral hearing and there was no error in this regard. Ä¢¹½ÊÓÆµAT rejected the Appellant¡¯s contentions that his due process rights to seek production of documents and build his case were violated by reason of the Commissioner-General¡¯s allegedly limited reply and that Ä¢¹½ÊÓÆµDT erred in rejecting his motion for production of documents. Ä¢¹½ÊÓÆµAT held that it discerned no error in procedure in Ä¢¹½ÊÓÆµRWA DT¡¯s rejection of the Appellant¡¯s motion for production of document. Ä¢¹½ÊÓÆµAT held that the argument that Ä¢¹½ÊÓÆµRWA DT erred in granting the Commissioner-General leave to participate in the proceedings after he had failed to file his reply with the time limits was without merit. Ä¢¹½ÊÓÆµAT held that there was no error in the manner in which Ä¢¹½ÊÓÆµRWA DT exercised its discretion allowing the Commissioner-General to participate and accepting his late filing. Ä¢¹½ÊÓÆµAT held that, while it did not condone ex parte communications, it did not accept that the practice amounted to underhanded behaviour and was satisfied that no prejudice was caused to the Appellant. Ä¢¹½ÊÓÆµAT held that the Appellant did not establish any procedural errors warranting the reversal of the Ä¢¹½ÊÓÆµRWA DT judgment. Ä¢¹½ÊÓÆµAT held that there was no merit in the Appellant¡¯s argument that Ä¢¹½ÊÓÆµRWA DT failed to consider that it was a case of constructive dismissal. Ä¢¹½ÊÓÆµAT noted that Ä¢¹½ÊÓÆµRWA DT was not satisfied that the actions of the Appellant¡¯s supervisors forced the Appellant to leave his job as he never filed a formal complaint in that regard and Ä¢¹½ÊÓÆµRWA DT determined that it was the Appellant who voluntarily tendered his resignation just one month after being further extended for an additional one year. Ä¢¹½ÊÓÆµAT further noted that there was no evidence that the fact his appointment was only extended for one year, as opposed to three years, was motivated by ill will or was intended to harass the Appellant. Ä¢¹½ÊÓÆµAT disagreed with the Appellant¡¯s contention that Ä¢¹½ÊÓÆµRWA erred in fact and law in finding that he did not have any expectancy of renewal for a three-year period. Ä¢¹½ÊÓÆµAT held that there was no evidence of a firm commitment to renew the Appellant¡¯s contract for three years. Ä¢¹½ÊÓÆµAT considered all of the other claims of the Appellant and found them to be without merit. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµRWA DT judgment.
Decision Contested or Judgment/Order Appealed
Ä¢¹½ÊÓÆµRWA DT judgment: The Applicant contested the decision to renew his contract for one year, rather than three years. Order No. 057 (Ä¢¹½ÊÓÆµRWA/DT/2014) ruled on a number of motions. Ä¢¹½ÊÓÆµRWA DT granted the Commissioner-General¡¯s request to participate in the proceedings and file his reply, as well as the Applicant¡¯s request to submit a rejoinder. With the exception of the Applicant¡¯s request for confidentiality, consideration of which was deferred to the judgment, Ä¢¹½ÊÓÆµRWA DT denied the remainder of the requests. In judgment No. Ä¢¹½ÊÓÆµRWA/DT/2014/027, Ä¢¹½ÊÓÆµRWA DT dismissed the application.
Legal Principle(s)
Personal embarrassment and discomfort are not sufficient grounds to grant confidentiality. Ä¢¹½ÊÓÆµAT will not lightly interfere with the broad discretion of Ä¢¹½ÊÓÆµRWA DT in the management of its cases. In order for a staff member¡¯s claim of legitimate expectation of a renewal of appointment to be sustained, it must not be based on mere verbal assertion, but on a firm commitment to renewal revealed by the circumstances of the case.