2016-Ģ��ƵAT-634

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that the Appellants had failed to present any evidence showing that they had suffered mental distress during the investigation, and such evidence was necessary for an award of moral damages. Ģ��ƵAT held that there was no merit in the Appellant��s claim that Ģ��ƵRWA DT had erred in not awarding them compensation for the lengthy administrative delay during the investigation. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵRWA DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicants contested the decisions to suspend all of them from duty with pay for nearly 18 months without any compensation following the closure of the investigation into suspected fraud. Ģ��ƵRWA DT found that the duration of the investigation was not unreasonable given the complex financial issues and voluminous documents involved. Ģ��ƵRWA DT found that the 18-month delay in closing the investigation was not due to the Agency��s negligence and that it did not violate the Applicant��s due process rights. Ģ��ƵRWA DT rejected the requests for compensation, for the Agency to issue an apology and for the Tribunal to issue a declaration of their innocence. Ģ��ƵRWA DT dismissed all the applications.

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.

Applicants/Appellants

Jaber et al.

Entity

Case Number(s)

Tribunal