2015-Ģ��ƵAT-589

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. Ģ��ƵAT held that the procedural errors did not amount to an abuse of power. Ģ��ƵAT held that absent an abuse of power, the compensation for moral damages had to be vacated. Ģ��ƵAT granted the appeal, rejected the cross-appeal, and vacated the Ģ��ƵRWA DT judgment in its entirety.

Decision Contested or Judgment/Order Appealed

Ģ��ƵRWA DT judgment: Ms Salem contested three decisions, namely: (a) the decision not to confirm her appointment after a probationary period and to separate her from service; (b) the decision not to investigate her complaint of discrimination and abuse of power; and (c) the decision to close the case in relation to her complaint of discrimination and abuse of power. Ģ��ƵRWA DT found for Ms Salem and awarded moral damages.

Legal Principle(s)

It is not the role of the Ģ��ƵRWA DT to consider the correctness of the choice made by the Administration amongst the various course of action open to it. It is not the role of the Ģ��ƵRWA DT to substitute its own decision for that of the Administration.

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

Salem

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement