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...