2017-Ä¢¹½ÊÓÆµAT-770, Humackic
Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT correctly held that there had been compliance with all procedural obligations for a temporary appointment with regard to having two persons on the interview panel and that the selection exercise was not required to be reviewed by a CRB. Ä¢¹½ÊÓÆµAT held that there was no duty imposed on the Administration to place unsuccessful candidates on a roster of pre-approved candidates. Ä¢¹½ÊÓÆµAT held that there was no evidence of any discrimination or harassment or any basis for awarding the Appellant any damages for moral injury. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT committed no error of law, fact, or...
2017-Ä¢¹½ÊÓÆµAT-771, Al-Mussader
Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT did not make any errors of law or fact in dismissing the Appellant¡¯s application. Ä¢¹½ÊÓÆµAT found no reason to differ from the conclusion of Ä¢¹½ÊÓÆµRWA DT, that Ä¢¹½ÊÓÆµRWA could not have considered the Appellant as having the requisite international experience. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT gave careful and fair consideration to the Appellant¡¯s arguments regarding the required international experience for the post. Ä¢¹½ÊÓÆµAT held that the Appellant failed to discharge his burden of proving through clear and convincing evidence that he was denied a fair chance of selection. Ä¢¹½ÊÓÆµAT held that the...
2017-Ä¢¹½ÊÓÆµAT-772, Kadri
On the Appellant¡¯s claim for his name not to appear in the Ä¢¹½ÊÓÆµAT judgment, Ä¢¹½ÊÓÆµAT held that, due to the fact that his name had been in the public domain for a long time as a result of the publication of many court documents related to his cases before Ä¢¹½ÊÓÆµDT and Ä¢¹½ÊÓÆµAT, it would be pointless to order redaction. Ä¢¹½ÊÓÆµAT held that the Appellant failed to give any compelling reason as to why confidentiality should be granted and denied his request for confidentiality. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT fully and fairly considered the merits of his case and was in no doubt as to its substance. Ä¢¹½ÊÓÆµAT held that there was no...
2017-Ä¢¹½ÊÓÆµAT-773, Ali
Ä¢¹½ÊÓÆµAT found no error in the Ä¢¹½ÊÓÆµRWA DT finding that the application was not receivable ratione temporis. Ä¢¹½ÊÓÆµAT rejected the Appellant¡¯s contention that Ä¢¹½ÊÓÆµRWA DT erred in that it examined the timeliness of his application sua sponte, without it having been raised by the Respondent, holding that the competence of Ä¢¹½ÊÓÆµRWA DT to review the observance of the statutory deadlines for filing an application can be exercised even if the parties or the administrative authorities do not raise the issue because it constitutes a matter of law and the Ä¢¹½ÊÓÆµRWA DT Statute prevents Ä¢¹½ÊÓÆµRWA DT from receiving a case which...
2017-Ä¢¹½ÊÓÆµAT-774, Awe
Ä¢¹½ÊÓÆµAT held, agreeing with Ä¢¹½ÊÓÆµDT, that the Administration should have removed the offending minutes, written to all recipients of the minutes withdrawing the damaging allegations against Mr. Awe, and/or simply forwarded the fact-finding panel¡¯s report to the participants of the SMT meeting and recipients of the minutes. Ä¢¹½ÊÓÆµAT held that the reprimand in the offender¡¯s file and the private apology did not constitute appropriate relief for the restoration of Mr. Awe¡¯s reputation and career. Ä¢¹½ÊÓÆµAT considered that any action was taken against Mr. Rutgers (managerial or disciplinary) could have only...
2017-Ä¢¹½ÊÓÆµAT-775, Onifade
Ä¢¹½ÊÓÆµAT considered Mr Onifade¡¯s application for revision of judgment No. 2016-Ä¢¹½ÊÓÆµAT-668. Ä¢¹½ÊÓÆµAT held that there was no evidence before it to support the application. Ä¢¹½ÊÓÆµAT held that Mr Onifade had failed to show that the first MOP form was unknown to him at the time the judgment was rendered and he had presented no decisive fact which was, at the time the judgment was rendered, unknown to him and Ä¢¹½ÊÓÆµAT. Ä¢¹½ÊÓÆµAT held that the application did not meet the criteria established under Article 11(1) of the Ä¢¹½ÊÓÆµAT Statute and Article 24 of the Ä¢¹½ÊÓÆµAT RoP. Ä¢¹½ÊÓÆµAT held that the application had no merit and dismissed it...
2017-Ä¢¹½ÊÓÆµAT-776, Ibrahim
Ä¢¹½ÊÓÆµAT considered an appeal by the Secretary-General and a cross-appeal by Mr Ibrahim. Ä¢¹½ÊÓÆµAT held, agreeing with Ä¢¹½ÊÓÆµDT, that there was nothing illegal or warranting compensation in the investigation process and the investigation was not vitiated by procedural error or improper motive. Accordingly, Ä¢¹½ÊÓÆµAT dismissed the cross-appeal. Ä¢¹½ÊÓÆµAT held that the bottle of wine disappeared immediately after Mr Ibrahim had handled it for the second time in front of the camera and then with his back obstructing the camera. Ä¢¹½ÊÓÆµAT held that, apart from the direct link between the manipulation of the bottle of wine by...
2017-Ä¢¹½ÊÓÆµAT-748, Sharbaji
Ä¢¹½ÊÓÆµAT agreed with Ä¢¹½ÊÓÆµRWA DT¡¯s finding. Ä¢¹½ÊÓÆµAT held that no purpose would have been served by the conduct of an evaluation exercise for a post that was about to be or had been abolished. Ä¢¹½ÊÓÆµAT accepted the Ä¢¹½ÊÓÆµRWA DT¡¯s finding that there was a genuine redundancy situation. Ä¢¹½ÊÓÆµAT held that there was no evidence before it to support the Appellant¡¯s contention that Ä¢¹½ÊÓÆµRWA DT erred in law. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµRWA DT judgment.
2017-Ä¢¹½ÊÓÆµAT-749, Ayoub
Ä¢¹½ÊÓÆµAT held that there was no evidence before it to support the contention that Ä¢¹½ÊÓÆµRWA DT erred in law. Ä¢¹½ÊÓÆµAT upheld the findings of Ä¢¹½ÊÓÆµRWA DT that there was no evidence that the decision to abolish the Appellant¡¯s post was arbitrary or capricious, motivated by prejudice or extraneous factors, or was flawed by procedural irregularity or error of law. Ä¢¹½ÊÓÆµAT held that there was evidence of a process that was motivated by budgetary constraints as well as concerns about the effective management of a redundancy process. Ä¢¹½ÊÓÆµAT found no procedural irregularity or any error in law on the part of Ä¢¹½ÊÓÆµRWA DT...
2017-Ä¢¹½ÊÓÆµAT-769, Haj Saleh
Ä¢¹½ÊÓÆµAT held that, in light of the undertaking the Appellant had signed agreeing to work on the relevant education programme at the remuneration rate determined by Ä¢¹½ÊÓÆµRWA, his acceptance of that rate was not compatible with his subsequent claim for retroactive readjustments. Ä¢¹½ÊÓÆµAT held that the extra and external activities as a lecturer for physical education did not have the consequence to modify the job duties or title of the Appellant¡¯s post. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT properly treated the question of the Appellant¡¯s additional work in light of PD A/3 related to the parallel education programme...