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As a preliminary matter, Ä¢¹½ÊÓƵAT held that an oral hearing was not necessary and would not assist in the expeditious and fair disposal of the case as the Appellant had not provided grounds for an oral hearing beyond seeking to confront the witnesses and comment on existing evidence. Whilst Ä¢¹½ÊÓƵAT held that the Appellant failed to identify any errors of law or fact by Ä¢¹½ÊÓƵRWA DT as required under Art 2(1) Ä¢¹½ÊÓƵAT Statute, Ä¢¹½ÊÓƵAT did go on to consider his appeal as he was not represented. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had correctly applied the standard of review for disciplinary cases and that Ä¢¹½ÊÓƵRWA DT¡¯s exercise...

Ä¢¹½ÊÓƵAT considered an appeal of judgment No. Ä¢¹½ÊÓƵRWA/DT/2019/070 by the Commissioner-General of Ä¢¹½ÊÓƵRWA. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not commit any error when it concluded that Ä¢¹½ÊÓƵRWA had failed to consider the Applicant¡¯s personal and humanitarian reasons in the impugned decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly concluded that relevant matters (personal and humanitarian reasons) had been ignored in the exercise of the Commissioner-General¡¯s discretion. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

The Applicant sought revision of judgment 2019-Ä¢¹½ÊÓƵAT-944 pursuant to Article 11(1), which sets out strict and exceptional criteria that must be met. The Applicant alleged he became aware, in January 2020, that the Inspector General¡¯s Office (IGO) of Ä¢¹½ÊÓƵHCR had not made a finding on whether the hiring manager¡¯s conduct amounted to misconduct. The Applicant contended that the Respondent had made misleading comments to Ä¢¹½ÊÓƵAT, which led the latter to erroneously conclude that the IGO had investigated and determined that no misconduct had occurred. In addition, the Applicant sought leave to submit...

On the Appellant¡¯s claim that the Ä¢¹½ÊÓƵDT Judge was biased, Ä¢¹½ÊÓƵAT held that the Appellant¡¯s specific allegations were not made out and any missteps in the conduct of the hearing did not warrant interference with the result. On the Appellant¡¯s claim that his supervisor harassed him to the extent that his actions were mitigated substantially, Ä¢¹½ÊÓƵAT held that even if the Appellant established that there was a dysfunctional relationship between him and his supervisor, this could not have had the effect of mitigating his actions significantly, such were the scale and duration of his misconduct. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered an appeal by Mr Nadeau of Order No. 184 and his request that both Order Nos. 184 and 169 be rescinded. Ä¢¹½ÊÓƵAT held that he did not demonstrate that Ä¢¹½ÊÓƵDT had clearly exceeded its jurisdiction or competence in rejecting his request for new documents to be introduced into evidence. Ä¢¹½ÊÓƵAT noted that the issue could be raised on appeal against the final judgment on the merits. Ä¢¹½ÊÓƵAT is competent to review whether certain facts remained unresolved at the Ä¢¹½ÊÓƵDT level and to consider the need for factual determinations based on the whole of the relevant evidence. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT considered an application for revision of judgment No. 2019-Ä¢¹½ÊÓƵAT-948 by Ms Bezziccheri. Ä¢¹½ÊÓƵAT considered Ms Bezziccheri¡¯s claim that ST/AI/2019/1 was unknown to her and Ä¢¹½ÊÓƵAT at the time the judgment was issued. Noting the three elements that an applicant for revision must establish cumulatively before a final judgment of Ä¢¹½ÊÓƵAT can be revised, Ä¢¹½ÊÓƵAT held that the fact that ST/AI/2019/1 was known to Ä¢¹½ÊÓƵAT when it issued its judgment (as it had been referred to therein) was sufficient in and of itself to fail the cumulative test. Further, Ä¢¹½ÊÓƵAT noted that ST/AI/2019/1 was not determinative of Ms...

Ä¢¹½ÊÓƵAT held that, although no performance evaluation process was legally required for termination, an appropriate procedure should have been followed. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA failed to indicate that the contract would be terminated before its expiration date if the staff member did not improve his performance, and the lack of fair warning rendered the decision to terminate unlawfully. Ä¢¹½ÊÓƵAT granted the appeal in part, rescinded the termination decision, and ordered reinstatement, with an in-lieu compensation of two months¡¯ net base salary.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not failed to properly exercise its jurisdiction by refusing to convene a second case management discussion. Ä¢¹½ÊÓƵAT held that, regarding the question of whether Ä¢¹½ÊÓƵDT failed to address the Appellant¡¯s factual arguments challenging the legality of the abolition of her post, the appeal was without merit; the Appellant only reargued her case and did not establish that Ä¢¹½ÊÓƵDT erred in fact or in law about this issue. Ä¢¹½ÊÓƵAT held, however, that Ä¢¹½ÊÓƵDT erred in deciding that the Appellant had failed to rebut the presumption that the selection of Mr D R-B, given that the selected...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in assessing the evidence presented. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in its finding that i) it would seem that the Appellant¡¯s situation with his former FRO had actually been resolved since they no longer worked together; ii) the Appellant¡¯s eventual temporary reassignment would appear to have been a very reasonable further solution to bring him out of an office environment in which he obviously continued to feel uncomfortable, and iii) it would fall within the Administration¡¯s discretion whether to enact any of the three measures proposed by the Appellant. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered both appeals by the Secretary-General and by Mr Hussein Haidar. Ä¢¹½ÊÓƵAT denied the request for an oral hearing. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in concluding that the facts, on which the disciplinary measure was based, had been established by clear and convincing evidence. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT correctly concluded that the established facts legally amounted to serious misconduct. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not commit an error in procedure such as to affect the decision of the case when considering one of the statements. Ä¢¹½ÊÓƵAT found no error in Ä¢¹½ÊÓƵDT¡¯s finding that the measure of...