蘑菇视频AT Held or 蘑菇视频DT Pronouncements
蘑菇视频AT held that the 蘑菇视频RWA DT’s finding that, while ASC No. A/04/2010 did not provide a right to Mr Abusondous to receive an AAA, he did have an expectation that the Agency would “properly exercise its discretion to grant an AAA and [would] be fair in its dealings with him”, was correct. 蘑菇视频AT found no fault with the reasoning that the Agency’s justification of the decision not to appoint Mr Abusondous as Officer-in-Charge and not to grant him an AAA, namely that the Agency would not have been able to meet the 120-day maximum period to fill the vacancy, was not a reasonable ground for the denial as the provision does not specifically preclude flexibility beyond the 120-day time limit. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频RWA DT judgment.
Decision Contested or Judgment/Order Appealed
Mr Abusondous contested the decisions not to assign him as Acting P-5 Chief of Safety and Security Division, and not to pay him an Acting Appointment Allowance (AAA). 蘑菇视频RWA DT found that the Agency’s refusal to grant an AAA to Mr Abusondous was unlawful. 蘑菇视频RWA DT awarded payment of the applicable AAA and rejected all other requests.
Legal Principle(s)
When 蘑菇视频RWA DT is examining the validity of the Commissioner-General's exercise of discretion in administrative matters, it is tasked to examine whether the exercise of such discretion is legal, rational, reasonable, and procedurally correct, among other things, so that it does not lend to unfairness, unlawfulness or arbitrariness.