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Ä¢¹½ÊÓƵAT observed that the Appellant did not challenge the reasoning of Ä¢¹½ÊÓƵDT, but appealed on the ground that the administrative policy in place should be changed because she was promoted but her gross income was reduced. Ä¢¹½ÊÓƵAT noted that the Appellant¡¯s pay calculations also took into account other deductions and increases such that her net income increased. Ä¢¹½ÊÓƵAT held that the real issue before it was whether Ä¢¹½ÊÓƵDT made a reversible error in fact or law such that it must allow the appeal. Ä¢¹½ÊÓƵAT noted that the Appellant did not disagree that, on its face, the calculations of her salary were made...

Ä¢¹½ÊÓƵAT noted there was a pattern of withholding annual performance reports and salary increments, and that those delays were coupled with the denial of a post for which the Appellant was short-listed but was not filled prior to the Appellant¡¯s retirement. Ä¢¹½ÊÓƵAT noted the Appellant was also denied his post, which was abolished due to restructuring. Ä¢¹½ÊÓƵAT held that the Appellant was not treated conscientiously and fairly and deserved compensation. Ä¢¹½ÊÓƵAT granted the appeal in part and ordered that the Appellant be paid three months¡¯ net base salary as compensation.

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s interpretation process, which led to the dismissal of the claim, was neither unreasonable nor unfair. Ä¢¹½ÊÓƵAT noted that the affirmation that only the purchasing power element of comparison would allow an equal pay and treatment of staff members constituted only a postulation of a certain parameter among many possible options, without real support except in terms of policy selection because other criteria could also allow that kind of equal treatment, provided that they are applied in a general and non-discriminating way. Ä¢¹½ÊÓƵAT noted that the comparator element adopted in the...

Ä¢¹½ÊÓƵAT held that the relevant Circular contained all the necessary components to give rise to legal consequences for the striking staff and that it had individual application. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT committed no legal error when it decided that the relevant administrative decision for the purpose of former Area Staff Rule 111.3 was the decision communicated by way of the Circular and that Ä¢¹½ÊÓƵRWA DT correctly determined the terminus a quo for the purpose of computing the time for requesting administrative review. Ä¢¹½ÊÓƵAT upheld the Ä¢¹½ÊÓƵRWA DT¡¯s determination as to the limits of its jurisdiction. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT found that the appeal raised significant questions of law about the power of the Organisation to unilaterally alter or reduce the compensation of staff members of the Organisation. For that reason, the President of Ä¢¹½ÊÓƵAT in terms of Article 10(2) of the Ä¢¹½ÊÓƵAT Statute elected to refer the appeal for consideration by the full bench of Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT recalled that an administrative decision is a unilateral decision of an administrative nature taken by the administration involving the exercise of a power or the performance of a function in terms of a statutory instrument, which adversely affects...

Ä¢¹½ÊÓƵAT held that the Appellant had failed to make a request for correction of her current contract. Ä¢¹½ÊÓƵAT held that it could not step outside its statutory remit and examine the merits of the Appellant¡¯s claim for payments under her current contract when she had made no request for a review regarding it. Ä¢¹½ÊÓƵAT held that JAB did not err in finding the Appellant¡¯s claims of 30 December 2015 for revision of her step level under the previous contract as not receivable since the Appellant submitted her request more than a year from the date on which she received her first salary or ¡°initial payment¡±...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in law by not taking account of evidence implying strongly that there had been an administrative decision by Ä¢¹½ÊÓƵRWA not to pay allowances to those who claimed them as their entitlement, and therefore concluding wrongly that there was no evidence of an administrative decision affecting the Appellant¡¯s rights. However, Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT¡¯s Judgment dismissing the Appellant¡¯s claim had to be upheld on grounds of lateness of their request for management evaluation. Ä¢¹½ÊÓƵAT dismissed the appeals and upheld the Ä¢¹½ÊÓƵRWA DT Judgment.

The Applicant filed the application for a stay of proceedings in her case pending the outcome of an on-going recruitment process to the vacant post. The motion for stay of proceedings was refused because it lacked merit. The application was struck out because the Applicant was inviting the Tribunal to act as ¡°Big Brother¡± and constitute some kind of sword of Damocles over the head of the Respondent by keeping her case alive while the recruitment process was on and to possibly invoke it if she was not happy with the outcome of the exercise. This was an abuse of the Tribunal¡¯s process. In...

The Applicant did not prove that any exceptional circumstance beyond her control prevented her from filing the application on time. The Applicant¡¯s request for anonymity is granted to ensure the protection of the medical information discussed in the case. Related