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Ä¢¹½ÊÓƵAT held that the Appellant¡¯s fixed-term appointment was lawfully terminated in accordance with the amended terms of her appointment and that her appeal had no merit. Ä¢¹½ÊÓƵAT held that the Appellant failed to meet the burden of proof of the alleged improper motivation for the decision. Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵFCCC advertised nine fixed-term positions at the G-5 level, but that the Appellant did not apply for any of them, her aim being to secure a P-2 level position. Ä¢¹½ÊÓƵAT found no fault in Ä¢¹½ÊÓƵDT¡¯s conclusion that the Administration had no duty to seek a suitable position for the Applicant beyond the...

Ä¢¹½ÊÓƵAT considered an appeal by the Secretary-General and a cross-appeal by Mr Ibrahim. Ä¢¹½ÊÓƵAT held, agreeing with Ä¢¹½ÊÓƵDT, that there was nothing illegal or warranting compensation in the investigation process and the investigation was not vitiated by procedural error or improper motive. Accordingly, Ä¢¹½ÊÓƵAT dismissed the cross-appeal. Ä¢¹½ÊÓƵAT held that the bottle of wine disappeared immediately after Mr Ibrahim had handled it for the second time in front of the camera and then with his back obstructing the camera. Ä¢¹½ÊÓƵAT held that, apart from the direct link between the manipulation of the bottle of wine by...

Ä¢¹½ÊÓƵAT held that there was no evidence before it to support the contention that Ä¢¹½ÊÓƵRWA DT erred in law. Ä¢¹½ÊÓƵAT upheld the findings of Ä¢¹½ÊÓƵRWA DT that there was no evidence that the decision to abolish the Appellant¡¯s post was arbitrary or capricious, motivated by prejudice or extraneous factors, or was flawed by procedural irregularity or error of law. Ä¢¹½ÊÓƵAT held that there was evidence of a process that was motivated by budgetary constraints as well as concerns about the effective management of a redundancy process. Ä¢¹½ÊÓƵAT found no procedural irregularity or any error in law on the part of Ä¢¹½ÊÓƵRWA DT...

Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT¡¯s finding. Ä¢¹½ÊÓƵAT held that no purpose would have been served by the conduct of an evaluation exercise for a post that was about to be or had been abolished. Ä¢¹½ÊÓƵAT accepted the Ä¢¹½ÊÓƵRWA DT¡¯s finding that there was a genuine redundancy situation. Ä¢¹½ÊÓƵAT held that there was no evidence before it to support the Appellant¡¯s contention that Ä¢¹½ÊÓƵRWA DT erred in law. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT refused the Appellant¡¯s application for an oral hearing. Ä¢¹½ÊÓƵAT held that there was nothing to support the Appellant¡¯s submission that Ä¢¹½ÊÓƵDT erred in finding that he had not exercised reasonable care by expecting the same standard of care from him as from the Operations Response Unit supervisor. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT¡¯s finding that the Appellant was not on duty at the relevant time was fully supported by the facts and was not in error. Contrary to the Appellant¡¯s submission, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not suggest that the Appellant intended to cause the loss or foresaw the loss, nor did the...

Ä¢¹½ÊÓƵAT considered the appeal of Mr Bagot and the cross-appeal of the Commissioner-General. Ä¢¹½ÊÓƵAT held that the Commissioner-General¡¯s cross-appeal was receivable. Ä¢¹½ÊÓƵAT agreed with the findings of Ä¢¹½ÊÓƵRWA DT that the established facts regarding the lunch and the events that took place in the apartment did not amount to misconduct. Ä¢¹½ÊÓƵAT held that the only reasonable conclusion available to the first instance Judge was that the facts of the alleged misconduct were not established by clear and convincing evidence, in light of the plot and the sequence of the events, assessed in conjunction with the...

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT¡¯s determination that the decision to terminate the appointment was unlawful on account of the repeated non-compliance with ST/AI/2010/5 was formalistic. While obviously a work plan should be finalized at the beginning of a cycle, Ä¢¹½ÊÓƵDT held that there was nothing in ST/AI/2010/5 that held any failure to generate a work plan at the commencement of a cycle to be a procedural flaw resulting axiomatically in any subsequent decision to terminate an appointment being unlawful. Likewise, there is no such consequence for not holding a midpoint review in a timely manner. Ä¢¹½ÊÓƵAT...

Ä¢¹½ÊÓƵAT considered the appeal of the Appellant and the cross-appeal of the Secretary-General. Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing, noting that it would not have added any further value or clarification of the factual and legal issues. Ä¢¹½ÊÓƵAT held that the Secretary-General's cross-appeal was receivable, according to Article 9(4) of the RoP. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred in holding that the disciplinary investigation was flawed by procedural irregularities. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT erred in finding that the disciplinary decision was unlawful and, accordingly, that there could neither...

Ä¢¹½ÊÓƵAT considered whether exceptional circumstances should apply to the Appellant¡¯s appeal, under Article 8(3) of the Ä¢¹½ÊÓƵDT Statute. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in its conclusion that absent a full explanation for the five-month delay after her discharge from the hospital, the Appellant could not avail herself of the plea of exceptional circumstances. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT did not err in finding that the application was not receivable. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT considered the appeal. Ä¢¹½ÊÓƵAT held that the Appellant was estopped from challenging the lawfulness of the reassignment decision made in 2012 because his application to Ä¢¹½ÊÓƵDT only challenged the decision to terminate his appointment in 2014. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT¡¯s holding that there was no nexus between the reassignment and the abolition of the Appellant¡¯s post. Ä¢¹½ÊÓƵAT also agreed with Ä¢¹½ÊÓƵDT¡¯s finding that Ä¢¹½ÊÓƵFPA fulfilled its duties towards the Appellant and had no obligation to place him on a new post. Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request to overturn the impugned judgment on the sole ground of...