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Ä¢¹½ÊÓƵAT held that the Appellant did not provide evidence with sufficient particularity of any specific instances in which he had requested compensation for overtime, or the Administration had denied such a request. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s finding that absent any identifiable administrative decision the application was not receivable ratione materiae was correct. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s argument that his overtime work without compensation over the years was in violation of the Administration¡¯s responsibility to establish a normal working week for its employees and was thus a continuous...

As a preliminary matter, Ä¢¹½ÊÓƵAT declined to receive the Appellant¡¯s additional evidence on the basis that the Appellant failed to show exceptional circumstances, explain why the additional evidence could not have been filed before Ä¢¹½ÊÓƵDT, or demonstrate its relevance and materiality. On the merits, Ä¢¹½ÊÓƵAT held that working overtime over the years does not amount to an administrative decision, noting that the Appellant failed to provide evidence of the Administration requesting him to work overtime or of any request by him for compensation and a denial thereof. Ä¢¹½ÊÓƵAT held that knowledge of the...

Ä¢¹½ÊÓƵAT held that the appeal was defective for failure to identify errors made by Ä¢¹½ÊÓƵRWA DT. However, noting that the Appellant was self-represented, Ä¢¹½ÊÓƵAT considered whether Ä¢¹½ÊÓƵRWA DT erred in finding that Ä¢¹½ÊÓƵRWA had properly exercised its discretion in transferring the Appellant. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in jurisdiction, procedure, law, or in fact in dismissing the Appellant¡¯s application. Ä¢¹½ÊÓƵAT upheld Ä¢¹½ÊÓƵRWA 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...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT committed errors of law and fact resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in its assessment of the alleged victim¡¯s credibility. Ä¢¹½ÊÓƵAT held that, contrary to Ä¢¹½ÊÓƵRWA DT¡¯s understanding, there was no record that the alleged victim had stated that she had been sexually attacked by the Appellant on previous occasions. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in drawing a negative inference about the credibility of the alleged victim from her delayed reporting. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA erred in its assessment of the Appellant¡¯s credibility, in particular...

MOn the issue of receivability, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that the application was receivable in its entirety, as each of the three decisions taken on ALWOP were distinct and the Appellant failed to seek management evaluation of the first and second decisions. Ä¢¹½ÊÓƵAT held the application was only receivable ratione materiae in respect of the third and last decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding that no exceptional circumstances existed to warrant the extension of the Appellant¡¯s ALWOP was a material error of law. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in concluding that 12 months ALWOP was...

Ä¢¹½ÊÓƵAT held that the Appellant failed to identify grounds for his appeal. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s case was fully and fairly considered. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly based its conclusion about the legality of the termination decision on the medical assessment by the medical board and without medical findings of its own. Ä¢¹½ÊÓƵAT held that the decision to terminate the Appellant¡¯s appointment on medical grounds was a reasonable and valid exercise of Ä¢¹½ÊÓƵRWA¡¯s discretion. Ä¢¹½ÊÓƵAT held that the Appellant did not meet the burden of proof of demonstrating an error in the impugned judgment such as...

Ä¢¹½ÊÓƵAT held that the Appellant did not meet her burden of proving that Ä¢¹½ÊÓƵDT clearly exceeded its jurisdiction or competence when it reassigned the cases. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT decision on assignment and reassignment of judges are matters of case management and the fair and efficient functioning of the tribunal¡¯s processes and within the Ä¢¹½ÊÓƵDT¡¯s jurisdiction. Ä¢¹½ÊÓƵAT held that there had been no removal or replacement of Judge Downing, but rather that his term had expired. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not clearly exceed its jurisdiction and the appeals were not receivable. Ä¢¹½ÊÓƵAT also noted that it does...

The Appellant sought reversal of the Ä¢¹½ÊÓƵDT judgment with respect to his claims regarding overtime and the unsustainability of his working environment, and compensation. Ä¢¹½ÊÓƵAT held that the Appellant was unable to provide any evidence showing that he had requested overtime compensation in writing, or that the Administration did not respond or responded negatively. Ä¢¹½ÊÓƵAT held that the Appellant failed to submit a request for management evaluation. Ä¢¹½ÊÓƵAT held that the Appellant failed to file a complaint of harassment and abuse of authority as required by ST/SGB/2008/5. Ä¢¹½ÊÓƵAT dismissed the appeal and...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in dismissing the application as not receivable ratione temporis. Ä¢¹½ÊÓƵAT held that there had been no new administrative decision (capable of resetting the deadlines), but merely a reiteration of the previously communicated original decision. Ä¢¹½ÊÓƵAT held that, with respect to the original decision, the Applicant did not file a request to Ä¢¹½ÊÓƵDT to suspend or extend the deadlines for filing her application to Ä¢¹½ÊÓƵDT, nor did she claim exceptional circumstances justifying a waiver of the time limits. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that the Appellant¡¯s case was fully and fairly considered by Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT found no error of law in Ä¢¹½ÊÓƵRWA DT¡¯s decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT properly reviewed the contested decision in accordance with the applicable law. Ä¢¹½ÊÓƵAT held that the non-extension of the limited duration contract was a result of the elimination of her post due to a lack of funds, which constituted a valid reason proffered by the Administration for not renewing her appointment. Ä¢¹½ÊÓƵAT held that, by applying objective criteria in the reduction of the staffing levels, Ä¢¹½ÊÓƵRWA adhered to the principles of equality...