Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements
ArÄ¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT¡¯s decision not to hold an oral hearing was a shortcoming since the parties had not agreed to the case being decided on the papers and the facts needed to be established by witnesses and/or further documentary evidence. On the question of bias and its possible bearing on the outcome of the selection process, Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT should have engaged in a thorough examination of the facts, rather than drawing an inference. Ä¢¹½ÊÓÆµAT held that the inference drawn by Ä¢¹½ÊÓÆµRWA DT, that it was realistic to conclude that not all of the posts could be filled by suitable candidates, was not reasonable in the circumstances. Ä¢¹½ÊÓÆµAT held that a number of facts were not sufficiently established before Ä¢¹½ÊÓÆµRWA DT, such as whether answers given in Arabic were translated. Ä¢¹½ÊÓÆµAT held that there was not an adequate fact-finding exercise by Ä¢¹½ÊÓÆµRWA DT, which would have enabled Ä¢¹½ÊÓÆµAT to review whether the administrative decision was lawful. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT¡¯s determinations that there was no bias, prejudice, and unlawfulness and that there was fair and adequate consideration were not supported by the facts. Ä¢¹½ÊÓÆµAT held that the fact-finding exercise was incomplete, which constituted a clear error of procedure and violation of due process such as to affect the decision of the case. Ä¢¹½ÊÓÆµAT granted the appeal, vacated the Ä¢¹½ÊÓÆµRWA DT judgment, and remanded the cases for a hearing de novo before a different Ä¢¹½ÊÓÆµRWA DT Judge and adjudication on the merits.
Decision Contested or Judgment/Order Appealed
The Applicants contested the decisions not to select them for a number of posts. Ä¢¹½ÊÓÆµRWA DT dismissed the applications.
Legal Principle(s)
Although broad discretion in case management is afforded to the trial judge, there are some facts that are so essential that they need to be established in the interest of justice, particularly when they are related to core aspects of the dispute. Due process requires that both parties be given an opportunity to present their case, produce evidence, and file submissions and/or motions.
Outcome
Outcome Extra Text
No relief ordered