2015-Ģ��ƵAT-598

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Appellant of judgment No. Ģ��ƵRWA/DT/2015/003. Ģ��ƵAT held that the Appellant failed to demonstrate that Ģ��ƵRWA DT erred in any way when it dismissed her application finding it to be moot, an outcome which was a natural consequence of the administrative rescission of the impugned decision, circumstances that contemplated the staff member��s claim and rights, solving the previous irregularity. Ģ��ƵAT noted that the Appellant��s request to amend her application to seek compensation for material and moral damages was filed after she had received notification of the decision to grant the remedies she had sought. Ģ��ƵRWA DT had correctly found that it was at this point that the application had become moot. Ģ��ƵAT held that the Appellant��s other claims on appeal had no merit and that Ģ��ƵAT did not need to address them. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵRWA DT judgment.

Decision Contested or Judgment/Order Appealed

Ģ��ƵRWA DT: The Applicant contested the decision to keep the outcome of a wider investigation and the follow-up correspondence on record when the investigation was not progressed against her. Ģ��ƵRWA DT decided the matter in the Applicant��s favour, but the case was then appealed to Ģ��ƵAT. Ģ��ƵAT reversed the Ģ��ƵRWA DT decision and remanded the case back to Ģ��ƵRWA DT before a different Judge. The Respondent later rescinded the impugned decision. The Applicant filed a motion requesting leave to amend her application to seek compensation for material and moral damages. In judgment No. Ģ��ƵRWA/DT/2015/003, Ģ��ƵRWA DT found the Applicant��s application moot and dismissed it.

Legal Principle(s)

Left deliberately blank.

Outcome

Appeal dismissed on merits

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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.

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