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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 considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that it was satisfied that the Ä¢¹½ÊÓƵDT¡¯s conclusion that Ms Frechon was incapable of further service, based on the findings of the Medical Board, was not tantamount to Ä¢¹½ÊÓƵDT having stepped into the shoes of the Ä¢¹½ÊÓƵ Medical Director. Ä¢¹½ÊÓƵAT held that there were no grounds to disagree with the finding of Ä¢¹½ÊÓƵDT that Ms Frechon¡¯s contract was, in fact, terminated for medical reasons. Ä¢¹½ÊÓƵAT held that the procedure which should have been invoked was that set out in ST/AI/1999/16. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in rescinding the decision to...

Ä¢¹½ÊÓƵAT considered the Secretary-General¡¯s appeal. Ä¢¹½ÊÓƵAT held that, in the present case, Ä¢¹½ÊÓƵDT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years¡¯ net base salary. Ä¢¹½ÊÓƵAT held that the award of full salary payable between separation and the date of the Ä¢¹½ÊÓƵDT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. Ä¢¹½ÊÓƵAT held that it would be adequate, fair, and reasonable to award compensation in lieu of reinstatement in an amount equal to...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to the amount of compensation. Ä¢¹½ÊÓƵAT held that, in the present case, Ä¢¹½ÊÓƵDT had not recorded any reasons for holding that this was indeed an exceptional case, warranting an award higher than two years¡¯ net base salary. Ä¢¹½ÊÓƵAT held that the award of full salary payable between separation and the date of the Ä¢¹½ÊÓƵDT judgment was fraught with ambiguity and uncertainty since the staff member might have been separated from service on other non-disciplinary grounds. Ä¢¹½ÊÓƵAT held that it would be adequate, fair, and reasonable to award compensation in...

Ä¢¹½ÊÓƵAT considered Mr Al Sayyed¡¯s appeal and found that the decision to terminate his service, effective from close of business 15 December 2007, and as communicated to him on 30 November 2007, was superseded by the action he took on 4 December 2007, an action reinforced by him on 7 January 2008. Under these circumstances, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA did not err in dismissing Mr Al Sayyed¡¯s appeal against his termination on the basis that there was no termination decision capable of review. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General. Ä¢¹½ÊÓƵAT held that in such a case, where the material facts were not in dispute, no additional investigation was required to establish the misconduct. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in law in finding that the investigative and disciplinary process had not been properly conducted and that Mr Ainte¡¯s due process rights had been violated by the absence of an official investigation. Ä¢¹½ÊÓƵAT held that Mr Ainte had not demonstrated that the Secretary-General failed in any other way to observe his due process rights. Ä¢¹½ÊÓƵAT held that the Secretary-General was...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General limited to the matter of compensation. Ä¢¹½ÊÓƵAT held that the appeal had to be allowed in part because Ä¢¹½ÊÓƵDT erred in setting the compensation in lieu of reinstatement at two years¡¯ net base salary without considering that Mr Gakumba¡¯s previous fixed-term appointments were one year each. Ä¢¹½ÊÓƵAT held that the expectancy of renewal could not be fixed beyond such a period and therefore reduced the compensation to one year¡¯s net base salary. Ä¢¹½ÊÓƵAT affirmed the Ä¢¹½ÊÓƵDT judgment on compensation for non-pecuniary damages and held that no error of law was...

Ä¢¹½ÊÓƵAT did not accept the argument that there was no evidence to indicate that the Appellant received the letter communicating the outcome of the management evaluation on 14 July 2011, noting that Ä¢¹½ÊÓƵDT relied on the Appellant¡¯s statement to ascertain that date. Ä¢¹½ÊÓƵAT held that the Appellant failed to show any error on Ä¢¹½ÊÓƵDT¡¯s part. Ä¢¹½ÊÓƵAT held that the Secretary-General rightly submitted that the deadline for the Appellant to file an application with Ä¢¹½ÊÓƵDT was 12 October 2011, notwithstanding any ambiguity as to when she actually received the management evaluation response and the appeal failed on...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err on questions of fact by ignoring or failing to examine what the Appellant considered to be evidence, which constituted mere allegations and unsubstantiated argumentation on his part. Ä¢¹½ÊÓƵAT held that the Appellant did not support his submission by any grounds which would bring the issue within the remit of Ä¢¹½ÊÓƵAT. Noting that the Appellant relied upon the statements and observations which he had brought before Ä¢¹½ÊÓƵDT, Ä¢¹½ÊÓƵAT noted that a litigant¡¯s past allegations and arguments cannot be considered evidence per se. Ä¢¹½ÊÓƵAT held that it was not the task of Ä¢¹½ÊÓƵDT (or Ä¢¹½ÊÓƵAT)...

On the issue of whether it had been established by clear and convincing evidence that the Appellant had possession of, and traded in, Tramal, Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT¡¯s credibility determinations, analysis and conclusions and accepted its factual findings. On the issue of whether the established facts showed misconduct, Ä¢¹½ÊÓƵAT held that misconduct based on underlying criminal acts does not depend upon the staff member being convicted of a crime in a national court. Ä¢¹½ÊÓƵAT recalled the jurisprudence of the former Ä¢¹½ÊÓƵ Administrative Tribunal that different onuses and burdens of proof arise under...