2020-Ä¢¹½ÊÓÆµAT-1047, Orabi
Ä¢¹½ÊÓÆµAT considered an appeal of judgment No. Ä¢¹½ÊÓÆµRWA/DT/2019/070 by the Commissioner-General of Ä¢¹½ÊÓÆµRWA. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT did not commit any error when it concluded that Ä¢¹½ÊÓÆµRWA had failed to consider the Applicant¡¯s personal and humanitarian reasons in the impugned decision. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT correctly concluded that relevant matters (personal and humanitarian reasons) had been ignored in the exercise of the Commissioner-General¡¯s discretion. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµRWA DT judgment.
2020-Ä¢¹½ÊÓÆµAT-1040, Robinson
Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT did not err in the amount of compensation it awarded, having considered all relevant circumstances, including the mitigating factor of the Appellant securing new employment. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT did not commit an error of law or make manifestly unreasonable factual findings in its award of financial damages. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT did not err in law, and followed binding Ä¢¹½ÊÓÆµAT precedent, by refusing to award moral damages based solely on the Appellant¡¯s testimony. Ä¢¹½ÊÓÆµAT noted that the Appellant had had the opportunity before Ä¢¹½ÊÓÆµDT to apply to adduce the relevant evidence but had...
2020-Ä¢¹½ÊÓÆµAT-1038, Rixen
Ä¢¹½ÊÓÆµAT made no finding regarding whether the WMO JAB erred on its finding of receivability, given its decision to remand the matter to Ä¢¹½ÊÓÆµDT. Ä¢¹½ÊÓÆµAT held that the report of WMO JAB was not a decision resulting from a neutral first instance process and therefore could not be appealed to Ä¢¹½ÊÓÆµAT. Ä¢¹½ÊÓÆµAT held that such a case had to be remanded for proper consideration by a neutral process that produces a record of the proceedings and a written decision. Ä¢¹½ÊÓÆµAT noted that the case could not be remanded to WMO JAB, whose functions were removed by Agreement between the Ä¢¹½ÊÓÆµ and WMO dated 20 January 2020. Ä¢¹½ÊÓÆµAT...
2020-Ä¢¹½ÊÓÆµAT-1019, Houran et al
Ä¢¹½ÊÓÆµAT held that the Appellants failed to specifically identify the errors allegedly committed by the Ä¢¹½ÊÓÆµRWA DT and therefore the appeals were defective for that reason but considered the appeals given that the appellants were not legally represented. Ä¢¹½ÊÓÆµAT held that any error on a finding of fact of when the Appellants receive notification of the administrative decision did not result in a manifestly unreasonable decision. Ä¢¹½ÊÓÆµAT held that whether the administrative decision was the expressed verbal communication of the denial to provide compensation or was implied from the refusal or failure to...
2020-Ä¢¹½ÊÓÆµAT-1015, Handy
Ä¢¹½ÊÓÆµAT held that there was no express rescission of the impugned decision by the Administration. Ä¢¹½ÊÓÆµAT held that monthly renewals pending the outcome of the rebuttal of a performance evaluation did not resolve the complaint of the non-renewal of the fixed-term appointment. Ä¢¹½ÊÓÆµAT held that the monthly renewals did not rescind or supersede the impugned decision and the application could not be considered moot. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT erred in its decision, resulting in a manifestly unreasonable decision. Ä¢¹½ÊÓÆµAT upheld the appeal, vacated the Ä¢¹½ÊÓÆµDT judgment, and remanded the matter to Ä¢¹½ÊÓÆµDT for proper...
2020-Ä¢¹½ÊÓÆµAT-1001, Applicant
Ä¢¹½ÊÓÆµAT held that the Appellant failed to demonstrate exceptional circumstances warranting the admission of additional evidence on appeal. Ä¢¹½ÊÓÆµAT found no errors in the Ä¢¹½ÊÓÆµDT¡¯s analysis that there were no procedural flaws in the investigation that impacted the Appellant¡¯s rights. Ä¢¹½ÊÓÆµAT found no errors in Ä¢¹½ÊÓÆµDT¡¯s finding that the Administration had the discretion to initiate disciplinary proceedings. Ä¢¹½ÊÓÆµAT held that the Administration could neither be compelled to initiate disciplinary proceedings nor impose the reasonable accommodation requested by the Appellant, namely no contact with his First...
2019-Ä¢¹½ÊÓÆµAT-975, Reilly
Ä¢¹½ÊÓÆµAT held that the Appellant did not meet her burden of proving that Ä¢¹½ÊÓÆµDT clearly exceeded its jurisdiction or competence when it reassigned the cases. Ä¢¹½ÊÓÆµAT held that the Ä¢¹½ÊÓÆµDT decision on assignment and reassignment of judges are matters of case management and the fair and efficient functioning of the tribunal¡¯s processes and within the Ä¢¹½ÊÓÆµDT¡¯s jurisdiction. Ä¢¹½ÊÓÆµAT held that there had been no removal or replacement of Judge Downing, but rather that his term had expired. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT did not clearly exceed its jurisdiction and the appeals were not receivable. Ä¢¹½ÊÓÆµAT also noted that it does...
2019-Ä¢¹½ÊÓÆµAT-971, Al-Refaea
Ä¢¹½ÊÓÆµAT held that the appeal was defective for failure to identify errors made by Ä¢¹½ÊÓÆµRWA DT. However, noting that the Appellant was self-represented, Ä¢¹½ÊÓÆµAT considered whether Ä¢¹½ÊÓÆµRWA DT erred in finding that Ä¢¹½ÊÓÆµRWA had properly exercised its discretion in transferring the Appellant. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµRWA DT did not err in jurisdiction, procedure, law, or in fact in dismissing the Appellant¡¯s application. Ä¢¹½ÊÓÆµAT upheld Ä¢¹½ÊÓÆµRWA DT¡¯s finding that the Appellant did not meet the burden of proving that the decision to transfer him to another post after the abolition of his post was exercised arbitrarily or...
2019-Ä¢¹½ÊÓÆµAT-970, Adnan-Tolon
As a preliminary matter, Ä¢¹½ÊÓÆµAT declined to receive the Appellant¡¯s additional evidence on the basis that the Appellant failed to show exceptional circumstances, explain why the additional evidence could not have been filed before Ä¢¹½ÊÓÆµDT, or demonstrate its relevance and materiality. On the merits, Ä¢¹½ÊÓÆµAT held that working overtime over the years does not amount to an administrative decision, noting that the Appellant failed to provide evidence of the Administration requesting him to work overtime or of any request by him for compensation and a denial thereof. Ä¢¹½ÊÓÆµAT held that knowledge of the...
2019-Ä¢¹½ÊÓÆµAT-962, Amineddine
As preliminary matters, Ä¢¹½ÊÓÆµAT held that: (1) an oral hearing would not assist in the expeditions and fair disposal of the case, noting that the issues of jurisdiction and receivability did not require oral testimony and argument for the fair disposal of the appeal; (2) an order for production of documents was not necessary; (3) the Registry would provide an Arabic translation of the judgment; and (4) the Appellant¡¯s in-session motion, viewed by Ä¢¹½ÊÓÆµAT as a veiled motion for additional pleadings and a request for adjournment, was denied for lack of exceptional circumstances, noting that the...