Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements
Ä¢¹½ÊÓÆµAT held that the appeal was defective for failure to identify errors made by Ä¢¹½ÊÓÆµRWA DT. However, noting that the Appellant was self-represented, Ä¢¹½ÊÓÆµAT considered whether Ä¢¹½ÊÓÆµRWA DT erred in finding that Ä¢¹½ÊÓÆµRWA had properly exercised its discretion in transferring the Appellant. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT did not err in jurisdiction, procedure, law, or in fact in dismissing the Appellant¡¯s application. Ä¢¹½ÊÓÆµAT upheld Ä¢¹½ÊÓÆµRWA DT¡¯s finding that the Appellant did not meet the burden of proving that the decision to transfer him to another post after the abolition of his post was exercised arbitrarily or capriciously, was motivated by prejudice or other extraneous factors, or was flawed by procedural irregularity or an error of law. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT reasonably found that there was no obligation on Ä¢¹½ÊÓÆµRWA to ensure that every staff member involved in a restructuring process will be placed in their location of choice or that they would retain the same post for the rest of their employment. Ä¢¹½ÊÓÆµAT held that given the transfer had been accepted by the Appellant, and in the absence of any duress or undue influence at the time of his acceptance of that offer, it would be inequitable to allow the Appellant to go back on his acceptance. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT¡¯s finding did not result in a manifestly unreasonable decision. Ä¢¹½ÊÓÆµAT held that there was no justification for an award of compensation given that no illegality had been found. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµRWA DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to transfer him to another post as a result of the abolition of his post. Ä¢¹½ÊÓÆµRWA DT dismissed the application.
Legal Principle(s)
The Tribunals will only interfere and rescind or modify a sanction imposed by the Administration where the sanction imposed is blatantly illegal, arbitrary, adopted beyond the limits stated by the respective norms, excessive, abusive, discriminatory, or absurd in its severity.