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The Ä¢¹½ÊÓƵAT held that the staff member did not fulfil the requirements for revision of the prior Ä¢¹½ÊÓƵAT Judgment. The Ä¢¹½ÊÓƵAT found that no new fact was advanced by the staff member that had been unknown either to him or the Ä¢¹½ÊÓƵAT at the time of the prior Judgment, nor one that would have been decisive in reaching the decision had it been known. The Ä¢¹½ÊÓƵAT was of the view that his application for revision amounted to a restatement of the material already placed before the Ä¢¹½ÊÓƵAT, which had been considered and rejected, and constituted an attempt to have the appeal, which had been disposed of, re-heard de...

The Ä¢¹½ÊÓƵAT noted that the staff member had requested to be reclassified at Grade HL7 in her e-mail dated 2 January 2017 and her subsequent communications had been reiterations of that request.

The Ä¢¹½ÊÓƵAT held that the Administration should compensate the actual loss of income the staff member incurred from the moment her reclassification should have been implemented. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵWRA DT had appropriately considered the time limit of six months reasonable. The Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵRWA DT had not erred in law or fact in holding that she should be paid the difference in salary and...

Under ¡°Preliminary Issues¡±, the Tribunal decided to strike from the record the Applicant¡¯s motion for anonymity and to exceptionally accept the Applicant¡¯s closing submission which exceeded the page limit.

Whether the facts on which the disciplinary measure was based have been established by evidence and up to the required standard of proof.

The Tribunal noted that the sanction was based on four allegations, which it considered separately. After having considered the evidence on record for each allegation, the Tribunal found that it had been established by clear and convincing evidence that...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT Judge was not obligated to indicate their inclination on the evidence, especially since all evidence had not yet been presented.

Considering various elements, including the Investigation Report, the WhatsApp message exchanges, and the former staff member¡¯s admissions, the Ä¢¹½ÊÓƵAT found the Complainant¡¯s account of events credible. It concluded that the former staff member¡¯s alleged conduct of calling the Complainant to his room on 1 August 2020 and asking her to come to his bed was established by clear and convincing evidence and amounted to sexual harassment. It...

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s attempts to reargue her case failed to identify any reviewable error in the Ä¢¹½ÊÓƵDT Judgment, warranting alone dismissal of her appeal. In any event, regardless of the merits of her claim, the Ä¢¹½ÊÓƵAT found that her application was time-barred under Article 8(4) of the Ä¢¹½ÊÓƵDT Statute since she filed it 27 years after her receipt of the contested decision. Recalling that there is no authority given to either tribunal to extend time limits in these circumstances, the Ä¢¹½ÊÓƵAT concluded that the Ä¢¹½ÊÓƵDT was correct to conclude that her application was not receivable.

The...

The Ä¢¹½ÊÓƵAT held that the facts upon which the staff member relied in his application for revision all post-dated the Ä¢¹½ÊÓƵAT Judgment and therefore could not serve as a basis for revising or reconsidering the Ä¢¹½ÊÓƵAT¡¯s prior conclusions. In particular, the Ä¢¹½ÊÓƵAT found that the staff member¡¯s medical record, indicating a change in his condition after the issuance of the Ä¢¹½ÊÓƵAT Judgment, did not constitute grounds for revising it.

However, the Ä¢¹½ÊÓƵAT granted the staff member¡¯s request for anonymity for the present Judgment only, given the limited scope of the issues raised and the specific facts...

The Applicant¡¯s Counsel¡¯s email of 12 June 2023 did not reset the time limit for allowing the Applicant to contest all of her supervisor¡¯s comments in her PER, nor was it capable of suspending the time limit, given that the Applicant¡¯s deadline for contesting all of her supervisor¡¯s comments expired before the discussion of 12 June 2023. And as was submitted, it was a proposal in the context of inter partes discussion that did not involve the Office of the Ombudsman.

Since the Applicant got the relief which she sought regarding the one aspect of the PER which she subjected to management...

On whether the facts were established by clear and convincing evidence, the Tribunal held that, based on the credible testimony and the other evidence in the record, the Respondent had established by clear and convincing evidence that the Applicant committed the acts upon which the disciplinary measure was imposed. The Tribunal found the testimony of the victim to be credible and established that the Applicant had indeed sexually harassed the victim. Regarding misconduct, the Tribunal concluded that there was sufficient evidence of sexual harassment and which did constitute serious misconduct...

The Ä¢¹½ÊÓƵAT held that the former staff member failed to provide evidence to prove entitlement to compensation for harm suffered. In particular, the Ä¢¹½ÊÓƵAT found that no evidence was submitted proving a nexus between the illegality committed and any harm suffered by the former staff member as a result. The Ä¢¹½ÊÓƵAT highlighted that the medical report submitted by the former staff member recorded that she had complained of lack of sleep and headaches ¡°for several years¡± and that such symptoms were consistent with a previous diagnosed medical condition.

As to the costs of the appeal, since there was no...