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The Ä¢¹½ÊÓƵAT noted that the staff member had applied for vacancies of different posts, at different times, with different selection processes, and had not been selected for different reasons. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had correctly decided that each of these decisions was separate and there was no evidence that they were related. The Ä¢¹½ÊÓƵAT held that she had not met her burden of showing that the impugned Judgment was defective.

The Ä¢¹½ÊÓƵAT held that the application in respect of the post in Pretoria was clearly out of time and in respect of the post in Nairobi premature and, as such, not receivable...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had not erred in finding that it had been proven by clear and convincing evidence that the staff member had engaged in harassment and abuse of authority, used her office for personal reasons to prejudice the position of a colleague, disclosed sensitive information, failed to report the possible misconduct of others, used a personal e-mail address contrary to the applicable provisions, and exchanged inappropriate messages about colleagues.

The Ä¢¹½ÊÓƵAT found that regardless of whether she had been a whistleblower engaged in a protected activity, there was no evidence that...

The Ä¢¹½ÊÓƵAT noted that the Ä¢¹½ÊÓƵRWA DT had ordered each party to nominate a psychiatrist, who in turn were to designate a third psychiatrist to review whether the staff member¡¯s mental condition at the time he committed the burglary, sentencing for which had been the grounds for his separation in the interest of the Agency.The Commissioner-General failed to comply with this instruction, without explanation, thereby leaving the Ä¢¹½ÊÓƵRWA DT with no medical information about AAW's condition at the time of the burglary.

The Ä¢¹½ÊÓƵAT found that the Commissioner-General had clearly and manifestly abused the...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not commit any error in procedure that affected the outcome of the case by partially denying the former staff member¡¯s motions for production of additional evidence or by not granting him sufficient additional time to respond to the Secretary-General¡¯s submissions.

The Ä¢¹½ÊÓƵAT also concluded that the Ä¢¹½ÊÓƵDT appropriately identified the contested decision as the 1 April 2022 decision finding him ineligible to participate in ASHI. The Ä¢¹½ÊÓƵAT observed that the former staff member himself identified this decision in both his Ä¢¹½ÊÓƵDT application and his management evaluation...

The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT made several errors of law and of fact leading to a manifestly unreasonable outcome.

In particular, the Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT erred in refusing to hold a hearing of evidence that Mr. Nkoyock sought to call to establish his defence to the allegations against him and to impeach the Secretary-General¡¯s witnesses. The Ä¢¹½ÊÓƵDT further erred when it failed to reach its own conclusions on disputed facts and relied overly on the internal investigation¡¯s findings. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT also erred in relying on evidence that it had ruled irrelevant and inadmissible...

Mr. Moulana appealed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵATnoted that the Ä¢¹½ÊÓƵDT dismissed Mr. Moulana's application on the grounds of insufficient evidence, whereas he had not been afforded the opportunity to provide the evidence. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT, by failing to address the Appellant¡¯s requests for the production of documents, including ignoring his motion, violated the Appellant¡¯s due process rights and deprived him of the opportunity to have his motion assessed and possibly granted, following which he could have submitted the pieces of evidence which the Ä¢¹½ÊÓƵDT found he failed to provide. Therefore...

Mr. Jibril appealed.

As regards the request for an oral hearing, the Ä¢¹½ÊÓƵAT held that the factual and legal issues arising from this appeal had already been clearly defined by the parties and there was no need for further clarification. Moreover, an oral hearing would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the Ä¢¹½ÊÓƵAT Rules of Procedure. Accordingly, the request for an oral hearing is denied.

The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵRWA DT that the challenged administrative decision to place Mr. Jibril on Administrative Leave With Pay (ALWP) was lawful. ...

Ä¢¹½ÊÓƵAT rejected the Secretary-General¡¯s interlocutory appeal against the Ä¢¹½ÊÓƵDT order as not receivable, finding that Ä¢¹½ÊÓƵDT had discretionary authority in case management and the production of evidence in the interest of justice. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had decided on a measure of inquiry, the necessity of which it had sole authority to assess. Ä¢¹½ÊÓƵAT held that it was not in the interest of the internal system of justice to consider an appeal against a simple measure of inquiry.

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT judge had sufficient grounds to order the production of the documents withheld by the Administration concerning the selection process that led to the contested administrative decision. Ä¢¹½ÊÓƵAT stated the principle that Ä¢¹½ÊÓƵDT has the right to order the production of any document relevant for the purposes of the fair and expeditious disposal of its proceedings. If the Administration opposes Ä¢¹½ÊÓƵDT¡¯s order to produce a certain document in its possession, it may, with sufficiently specific and justified reasons, request Ä¢¹½ÊÓƵDT to verify the confidentiality of the document in...

Ä¢¹½ÊÓƵAT considered an appeal against Order No. 057 (Ä¢¹½ÊÓƵRWA/DT/2014) and judgment No. Ä¢¹½ÊÓƵRWA/DT/2014/027. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s request for confidentiality and for the redaction of his name from the Ä¢¹½ÊÓƵRWA DT judgment and affirmed Ä¢¹½ÊÓƵRWA DT¡¯s reasoning. Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request to submit new evidence to Ä¢¹½ÊÓƵAT on the basis that the Appellant did not offer any explanation as to why he was precluded from filing them previously, exceptional circumstances did not exist, and its content would not have affected the decision of the case. Ä¢¹½ÊÓƵAT held that it was for Ä¢¹½ÊÓƵRWA DT to consider that it...