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Ä¢¹½ÊÓƵAT considered an application for revision of judgment No. 2019-Ä¢¹½ÊÓƵAT-952 by Mr Rolli. Mr Rolli contended that the remand order issued by Ä¢¹½ÊÓƵAT, and in particular its reference to the need to have Mr Rolli¡¯s appeal considered by a neural first instance body, coupled with the objective inability of the JAB to function as a neutral first instance process, constituted new facts that required Ä¢¹½ÊÓƵAT to revise its judgment. Ä¢¹½ÊÓƵAT held that neither the remand order of Ä¢¹½ÊÓƵAT nor the need to have the Appellant¡¯s appeal considered by a neutral first instance body, coupled with the objective inability of the...

A telephone conversation that was suggestive of gender discrimination in the decision-making process and was raised by the Appellant in his application was ignored by Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵDT made an error in the procedure by failing to hold an oral hearing where witnesses could testify about that conversation. Ä¢¹½ÊÓƵAT remanded the matter back to a different judge of the Ä¢¹½ÊÓƵDT for the production of further evidence, additional findings of fact, and the issuance of a new judgment.

Ä¢¹½ÊÓƵDT did not err in law or in fact when it found that the decision to abolish the post was lawful. However, in not providing reasons for its decision to commute the six-month notice period into compensation, the Organisation failed in its duty to demonstrate that its discretion was not exercised arbitrarily, capriciously, or unlawfully. The Administration failed to meet its burden to minimally demonstrate that the Appellant was given full and fair consideration. The Administration acted arbitrarily and thus failed to exercise its discretion lawfully. The termination of the Appellant¡¯s...

Ä¢¹½ÊÓƵAT held that exceptional circumstances existed which warranted an extension of time. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s discretion should have been exercised in the Appellant¡¯s favour because it affected access to justice and there is a presumption that access to justice should not be denied at the outset without compelling reasons, which were absent. Ä¢¹½ÊÓƵAT held that circumstances beyond the Appellant¡¯s control prevented him from acting to file his appeal within the time limit and it would be unjust to visit upon the Appellant the consequences of an error (a fail in the electronic filing system) for which...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT failed to address some issues before it, in respect of which the Appellant is entitled to a reasoned decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in declining the Appellant¡¯s implicit request for a hearing in person, at least without having considered it and given reasons. Ä¢¹½ÊÓƵAT held that the termination of the Appellant¡¯s appointment could not be assessed as hasty, premature, or arbitrary, with particular reference to the Medical Board process. Ä¢¹½ÊÓƵAT held that any opportunity of the Appellant¡¯s appointment to that vacancy had therefore passed, irrespective of her...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s language, which was strongly critical of the Appellant, was unwarranted. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in finding that the decision to discontinue the payment of her SPA was a legitimate exercise of the Administration¡¯s discretion, as the Appellant no longer met the requirements for it. Ä¢¹½ÊÓƵAT held that the discontinuation of the SPA was justified in view of the Administration¡¯s obligation and right to correct such an erroneous situation. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that there was no express rescission of the impugned decision by the Administration. Ä¢¹½ÊÓƵAT held that monthly renewals pending the outcome of the rebuttal of a performance evaluation did not resolve the complaint of the non-renewal of the fixed-term appointment. Ä¢¹½ÊÓƵAT held that the monthly renewals did not rescind or supersede the impugned decision and the application could not be considered moot. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in its decision, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT upheld the appeal, vacated the Ä¢¹½ÊÓƵDT judgment, and remanded the matter to Ä¢¹½ÊÓƵDT for proper...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT exercised its discretion lawfully to consolidate the cases. Ä¢¹½ÊÓƵAT held that the impugned decisions were taken in good faith and on a reasonable basis. Ä¢¹½ÊÓƵAT held that there was a bona fide reason to restructure and that it was operationally rational not to renew the Limited Duration Contracts at the time. Ä¢¹½ÊÓƵAT held that the Appellants' argument with regard to their acquired rights being violated was without merit. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT held that the Appellants failed to specifically identify the errors allegedly committed by the Ä¢¹½ÊÓƵRWA DT and therefore the appeals were defective for that reason but considered the appeals given that the appellants were not legally represented. Ä¢¹½ÊÓƵAT held that any error on a finding of fact of when the Appellants receive notification of the administrative decision did not result in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that whether the administrative decision was the expressed verbal communication of the denial to provide compensation or was implied from the refusal or failure to...

Ä¢¹½ÊÓƵAT considered an application for execution of judgment No. 2017-Ä¢¹½ÊÓƵAT-798 by Mr. Dibs. Ä¢¹½ÊÓƵAT granted in part the application for execution of judgment and ordered Ä¢¹½ÊÓƵRWA to fully execute the judgment within 30 calendar days, advising that failure to comply with the deadline would result in a finding of manifest abuse of process, the award of costs, and potentially, a referral for accountability. Ä¢¹½ÊÓƵAT considered that the request for moral and pecuniary damages did not fall within the scope of the application.