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Ä¢¹½ÊÓƵAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. Ä¢¹½ÊÓƵAT held that the staff member¡¯s motion to remove immunity from certain staff members, should her appeal fail, was entirely misconceived, as such a request was entirely outside of the mandate of Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT dismissed the appeal against Ä¢¹½ÊÓƵDT Order No. 133 (GVA/2015), finding that the Appellant had failed to present compelling grounds that Ä¢¹½ÊÓƵDT had exceeded its jurisdiction in restricting its judicial review to a paper-only assessment and not...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant¡¯s rights as a staff member, Ä¢¹½ÊÓƵAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion configured an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have Ä¢¹½ÊÓƵAT remove immunity from certain staff members should her appeal fail, Ä¢¹½ÊÓƵAT held that the motion was entirely misconceived, as such a...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant¡¯s rights as a staff member, Ä¢¹½ÊÓƵAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion was an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have Ä¢¹½ÊÓƵAT remove immunity from certain staff members should her appeal fail, Ä¢¹½ÊÓƵAT held that the motion was entirely misconceived, as such a request...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing, finding that it was not necessary or would assist in the expeditious and fair disposal of the case. With regards to the motion to extend the Appellant¡¯s rights as a staff member, Ä¢¹½ÊÓƵAT held that there were no exceptional circumstances that would warrant the granting of the motion and the motion was essentially an attempt to supplement arguments already made in the appeal submissions. With regards to the motion to have Ä¢¹½ÊÓƵAT remove immunity from certain staff members should her appeal fail, Ä¢¹½ÊÓƵAT held that the motion was entirely misconceived, as such...

Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵDT did not address the staff members¡¯ requests for an extension of time and that instead had converted sua sponte the requests for an extension of time into ¡°incomplete¡± applications, adjudging the applications not receivable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not afforded the staff members the opportunity to file an application. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had exceeded its competence and jurisdiction and committed errors in procedure when it determined that the requests for an extension of time were the ¡°equivalent¡± of applications; inferred that the statements in the requests for an...

Ä¢¹½ÊÓƵAT held that the 60-day time limit for an Appellant to request management evaluation from the contested decision began to run from the date of notification of the administrative decision and expired on 18 August 2014. Ä¢¹½ÊÓƵAT pointed out that the Appellant submitted his request for management evaluation six months after the time limit had expired. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT was correct in finding that the Appellant¡¯s application was not receivable. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵDT judgment.

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding that it would not assist in the expeditious and fair disposal of the case. Ä¢¹½ÊÓƵAT held that the evidence showed that Ä¢¹½ÊÓƵDT had correctly found that the administrative decision denying ASHI/MIP to the Appellant was communicated to her in an e-mail of 1 May 2014. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵDT that the e-mail of 27 May 2014 ¡°did not refer to any new fact or information¡± and was ¡°a mere confirmation of the earlier and unambiguous decision of 1 May 2014¡±. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵDT had not erred in law or fact resulting in a manifestly unreasonable decision when...

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding that an oral hearing was neither necessary nor would assist in the expeditious and fair disposal of the case. Regarding the Appellant¡¯s motion, Ä¢¹½ÊÓƵAT held that there were no exceptional circumstances that would warrant the granting of the motion. Ä¢¹½ÊÓƵAT held that the motion was essentially an attempt by the Appellant to supplement arguments already made in her appeal submissions. Ä¢¹½ÊÓƵAT denied the motion. Regarding the appeal¡¯s submissions, Ä¢¹½ÊÓƵAT held that that Ä¢¹½ÊÓƵDT had erred in law in rejecting the application on the basis that the Appellant¡¯s...

Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵDT¡¯s rescission of the decision to maintain the classification, reaffirming the right of staff members to request reclassification when the duties and responsibilities of their posts changed substantially as a result of restructuring within their office. However, Ä¢¹½ÊÓƵAT reversed Ä¢¹½ÊÓƵDT¡¯s order to remand the case to the Administration, stating that a second remand was unviable and unfair having regard to the fact that the protracted classification review process was mainly due to the reluctance and failure of management to follow their own rules, regulations and administrative...

Ä¢¹½ÊÓƵAT held that the Appellant had failed to demonstrate evidence of exceptional circumstances to justify the need to submit new evidence or file additional pleadings and, therefore, dismissed the Appellant¡¯s motion. Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding that it would not assist in the expeditious and fair disposal of the case. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT was not required to set out its findings on every submission presented by the Appellant and the failure to do so did not amount to an error on the part of the Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT upheld the order of Ä¢¹½ÊÓƵRWA DT to rescind the contested...