Ä¢¹½ÊÓƵ

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in suggesting that it was the former staff member¡¯s burden to provide evidence to support his assertion that his request for review had been pending before the Dispute Tribunal since July 2009 and to produce a record of his case having been transferred to it from the JDC in July 2009.

The Ä¢¹½ÊÓƵAT further held that the Administration¡¯s response, that his claim was closed due to his failure to pursue it for over 12 years, was neither an administrative decision, nor was it the Administration¡¯s prerogative to make regarding the judicial proceeding. The Administration...

The Ä¢¹½ÊÓƵAT observed that Mr. Ponce-Gonzalez was attempting to persuade the Appeals Tribunal that an official who claimed to have delegated authority to make hiring decisions did not in fact have such authority. Mr. Ponce-Gonzalez claimed to have new documents in support of his argument.

The Ä¢¹½ÊÓƵAT held that the new facts discovered did not meet the statutory requirement for decisiveness on the outcome of the earlier appeal and hence the application for revision did not satisfy the strict statutory test under Article 11(1) of the Ä¢¹½ÊÓƵAT Statute, and the application was denied.

The Ä¢¹½ÊÓƵAT observed that Mr. Ponce-Gonzalez was attempting to persuade the Appeals Tribunal that an official who claimed to have delegated authority to make hiring decisions did not in fact have such authority. Mr. Ponce-Gonzalez claimed to have new documents in support of his argument.

The Ä¢¹½ÊÓƵAT held that the new facts discovered did not meet the statutory requirement for decisiveness on the outcome of the earlier appeal and hence the application for revision did not satisfy the strict statutory test under Article 11(1) of the Ä¢¹½ÊÓƵAT Statute, and was denied.

The Tribunal held:

a. Some of the contested decisions were manifestly irreceivable as already determined by the Tribunal in Likukela Order No. 161 (NBI/2024) and Likukela Ä¢¹½ÊÓƵDT/2025/006. These matters would not be considered again by the Tribunal in accordance with the doctrine of res judicata.

b. The claims regarding the alleged theft of the Applicant's wages, lack of a legal basis for recovery of her final pay and illegally withholding her final pay were not receivable ratione materiae for failure to file a timely request for management evaluation.

c. The claim alleging prevention of the payment...

The Ä¢¹½ÊÓƵAT observed that the Ä¢¹½ÊÓƵDT did not err in denying the staff member¡¯s request for an oral hearing as the case record was ¡°comprehensive¡± and there was ¡°no irreconcilable dispute of facts between the parties.¡±

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s placement on ALWP was justified, given that the staff member was provided with the names of the members of the fact-finding panel assigned to investigate her alleged misconduct, and that she was in a position to approve the consultancy contract of one of those members, which created a conflict of interest and a genuine risk of interference in the...

The Ä¢¹½ÊÓƵAT held that even though the Commissioner-General had mistakenly reimbursed the fine to Mr. El-Haj after the issuance of the Ä¢¹½ÊÓƵRWA DT Judgment, since the fine was subsequently reimposed, the appeal was not moot.

The Ä¢¹½ÊÓƵAT held that in order to find that a staff member¡¯s conduct was ¡°serious misconduct¡± so as to warrant a more serious sanction, the Commissioner-General had to provide reasons for this determination. In this case, the Commissioner-General provided no reasons, and the Ä¢¹½ÊÓƵAT rejected the Commissioner-General¡¯s argument that reasons were not necessary because it was manifestly...

The Appeals Tribunal analyzed the text of Appendix D, from the 1966 version, and concluded that: (a) widows are eligible to receive compensation at a rate of two-fifths of a deceased staff member¡¯s annual salary; (b) if the deceased staff member is survived by more than one widow, the compensation shall be split evenly between the widows; (c) all pension benefits paid through the staff member¡¯s Ä¢¹½ÊÓƵJSPF entitlement shall be deducted from the compensation paid under Appendix D; and the deduction shall not reduce the amount of Appendix D compensation otherwise payable to less than 10 per cent of...

The Ä¢¹½ÊÓƵAT held that there was no error of law or fact by the Ä¢¹½ÊÓƵDT in finding that the allegations of sexual harassment and workplace harassment were proven to the clear and convincing evidence standard. The Ä¢¹½ÊÓƵDT had the advantage of seeing and hearing the evidence of the principal witnesses to, and relating to, the events. There was therefore ample evidence to confirm the Ä¢¹½ÊÓƵDT¡¯s assessments of the occurrence and significance of the events. The Ä¢¹½ÊÓƵDT was also entitled to draw the inference that AAO, rebuffed in his sexual advances by the complainant, retaliated subsequently through workplace...

The Ä¢¹½ÊÓƵAT held that the staff member knew all the relevant facts and was sufficiently made aware and properly notified of the contested decision by at least 18 May 2023 for the purpose of filing a timely request for management evaluation. However, the staff member did not file his request for management evaluation until 16 September 2023, which was beyond the 60 day time limit.

The Ä¢¹½ÊÓƵAT observed that the subject line of the e-mail exchanges in August 2023 between the Administration and the staff member, were requests ¡°to clarify¡± the basis of an administrative decision that had been taken...

The Ä¢¹½ÊÓƵAT noted that ABD¡¯s appeal was filed within 60 days of the Order¡¯s issuance, but more than 30 days after that event. Given that under Article 7(1)(c) of the Ä¢¹½ÊÓƵAT Statute, a party has 30 days to appeal an order, ABD was out of time to appeal against the impugned Ä¢¹½ÊÓƵDT Order.

The Ä¢¹½ÊÓƵAT dismissed the appeal as not receivable.