Ä¢¹½ÊÓÆµ

2015-Ä¢¹½ÊÓÆµAT-602

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT held that the allegations of irregularity raised by the Appellant were supported by evidence. Ä¢¹½ÊÓÆµAT noted that it was hard to comprehend how the Appellant¡¯s post suddenly became redundant when at the same time around 75 per cent of its functions were to be transferred to a consultant. Ä¢¹½ÊÓÆµAT further noted that even though the new organisational structure was not approved until September 2013, as early as June 2013, the abolition of the Appellant¡¯s post had already been decided and was communicated to him by his supervisor, against whom the Appellant filed a complaint of abuse of power. Ä¢¹½ÊÓÆµAT held that following the Appellant¡¯s request for decision review, the Administration was obligated to provide clear and sufficient reasons justifying the lawfulness of its conduct but failed to do so. Ä¢¹½ÊÓÆµAT held that the alleged conflict of interest required a more extensive and detailed consideration and discussion by Ä¢¹½ÊÓÆµRWA DT. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT erred in finding that the non-renewal of the Appellant¡¯s appointment and Ä¢¹½ÊÓÆµRWA¡¯s related actions were not tainted by irregularities or improper motives, in breach of the Appellant¡¯s rights. Ä¢¹½ÊÓÆµAT also held that Ä¢¹½ÊÓÆµRWA DT erred in law by holding that the application against the decision to recruit a consultant was not receivable. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT failed to declare that his employment was affected. Ä¢¹½ÊÓÆµAT upheld the appeal and vacated the Ä¢¹½ÊÓÆµRWA DT judgment. Ä¢¹½ÊÓÆµAT ordered the Commissioner-General to pay the Appellant compensation in the amount of three months¡¯ net base salary.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decisions to extend his appointment for 3 months, abolish his post and recruit a consultant. Ä¢¹½ÊÓÆµRWA DT dismissed the application.

Legal Principle(s)

Ä¢¹½ÊÓÆµAT will not award compensation for moral damages without specific evidence supporting the claim.

Outcome

Appeal granted

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
Zamel
Case Number(s)
Registry
Date of Judgement
President Judge
Language of Judgment
Issuance Type