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The Ä¢¹½ÊÓƵAT observed that the Ä¢¹½ÊÓƵDT did not err in denying the staff member¡¯s request for an oral hearing as the case record was ¡°comprehensive¡± and there was ¡°no irreconcilable dispute of facts between the parties.¡±

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s placement on ALWP was justified, given that the staff member was provided with the names of the members of the fact-finding panel assigned to investigate her alleged misconduct, and that she was in a position to approve the consultancy contract of one of those members, which created a conflict of interest and a genuine risk of interference in the...

The Ä¢¹½ÊÓƵAT held that there was no error of law or fact by the Ä¢¹½ÊÓƵDT in finding that the allegations of sexual harassment and workplace harassment were proven to the clear and convincing evidence standard. The Ä¢¹½ÊÓƵDT had the advantage of seeing and hearing the evidence of the principal witnesses to, and relating to, the events. There was therefore ample evidence to confirm the Ä¢¹½ÊÓƵDT¡¯s assessments of the occurrence and significance of the events. The Ä¢¹½ÊÓƵDT was also entitled to draw the inference that AAO, rebuffed in his sexual advances by the complainant, retaliated subsequently through workplace...

The Ä¢¹½ÊÓƵAT held that the staff member knew all the relevant facts and was sufficiently made aware and properly notified of the contested decision by at least 18 May 2023 for the purpose of filing a timely request for management evaluation. However, the staff member did not file his request for management evaluation until 16 September 2023, which was beyond the 60 day time limit.

The Ä¢¹½ÊÓƵAT observed that the subject line of the e-mail exchanges in August 2023 between the Administration and the staff member, were requests ¡°to clarify¡± the basis of an administrative decision that had been taken...

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT had correctly assessed the Agency¡¯s application of the experience level requirements applicable to the Appellants. Specifically, regarding the teachers contesting their classification at Grade 9, the Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵRWA DT¡¯s review of the Area Staff Post Description, which required five years of teaching experience at Grade 9 for classification at Grade 10.As the Appellants classified at Grade 9 did not meet this requirement, the Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT had correctly concluded that they were appropriately classified at Grade 9.

The Ä¢¹½ÊÓƵAT further...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT acted correctly by conducting a judicial review of the case.

It found that the Ä¢¹½ÊÓƵDT properly assessed the credibility of the witnesses who testified before it and correctly relied on the credible testimony of Ms. V, who had no motive to lie, to conclude that it had been established by clear and convincing evidence that the former staff member had sexually harassed her by making comments of a sexual nature in May and December 2020.While Ms. V¡¯s testimony alone would have been sufficient in this context, the Ä¢¹½ÊÓƵAT noted that it was corroborated by colleagues who were...

The Appeals Tribunal found that in its rigid treatment of the evidence in relation to AAY¡¯s conduct, the Ä¢¹½ÊÓƵDT failed to have appropriate regard to what had been admitted to by AAY when interviewed by OIOS. The fact that AAY chose not to testify at the Ä¢¹½ÊÓƵDT hearing made it clear that he stood by his statement to the OIOS investigators. The Ä¢¹½ÊÓƵDT was required to consider this undisputed evidence from him in its assessment whether the misconduct against him had been proved, more so in circumstances in which he did not elect to testify further in his own defence. The fact that the three witnesses...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT committed an error of fact, resulting in a manifestly unreasonable decision, when it found that a termination decision was made on 1 April 2022. In this regard, the Ä¢¹½ÊÓƵAT found that while a decision to place a note in the former staff member¡¯s Official Status File (OSF) was made on 1 April 2022, the termination decision was actually taken on 11 March 2022. Therefore, the Ä¢¹½ÊÓƵDT should have identified either decision as the contested decision, but erred in following the former staff member¡¯s assertion that a termination decision was taken on 1 April 2022.

Nevertheless...

The Ä¢¹½ÊÓƵAT rejected the new evidence submitted for the first time on appeal, which sought to justify the late filing of the case by attributing it to the appellant¡¯s attorney¡¯s personal circumstances.

The Ä¢¹½ÊÓƵAT was of the opinion that staff members must generally adhere to the specified time limits. However, in this case, the Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had erred in fact and law in dismissing Mr. Khan¡¯s application as not receivable ratione temporis. It concluded that Mr. Khan¡¯s exceptional circumstances¡ªincluding severe flooding disrupting internet service and affecting his ability to access e...

The Ä¢¹½ÊÓƵAT held that the former staff member had no legitimate expectation of renewal of her fixed-term appointment, as there was no evidence that the Administration had made any express promise that would have created such an expectation. On the contrary, the Ä¢¹½ÊÓƵAT found that the Administration had properly informed all affected staff, including the former staff member, of the last date of the MADAD Project and advertised 15 clerical posts internally, inviting staff to apply for alternative positions. The Ä¢¹½ÊÓƵAT further held that these actions should be viewed in light of the continuous efforts...

The Ä¢¹½ÊÓƵAT noted that the Ä¢¹½ÊÓƵDT had not erred when it established that the staff member had improperly used his employer-issued laptop to access sexually-explicit websites and engaged in multiple instances of unauthorized outside activities. The Ä¢¹½ÊÓƵAT held that he had not obtained approval to continue being the majority shareholder and director of a company.

The Ä¢¹½ÊÓƵAT was of the view that the Ä¢¹½ÊÓƵDT had not erred when it found that the staff member¡¯s activity constituted misconduct. The Ä¢¹½ÊÓƵAT found that his contributions to the overall running of the business were material. The Ä¢¹½ÊÓƵAT agreed with the...