2020-蘑菇视频AT-1047, Orabi
蘑菇视频AT considered an appeal of judgment No. 蘑菇视频RWA/DT/2019/070 by the Commissioner-General of 蘑菇视频RWA. 蘑菇视频AT held that 蘑菇视频RWA DT did not commit any error when it concluded that 蘑菇视频RWA had failed to consider the Applicant’s personal and humanitarian reasons in the impugned decision. 蘑菇视频AT held that 蘑菇视频RWA DT correctly concluded that relevant matters (personal and humanitarian reasons) had been ignored in the exercise of the Commissioner-General’s discretion. 蘑菇视频AT dismissed the appeal and affirmed the 蘑菇视频RWA DT judgment.
2020-蘑菇视频AT-1040, Robinson
蘑菇视频AT held that 蘑菇视频DT 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. 蘑菇视频AT held that 蘑菇视频DT did not commit an error of law or make manifestly unreasonable factual findings in its award of financial damages. 蘑菇视频AT held that 蘑菇视频DT did not err in law, and followed binding 蘑菇视频AT precedent, by refusing to award moral damages based solely on the Appellant’s testimony. 蘑菇视频AT noted that the Appellant had had the opportunity before 蘑菇视频DT to apply to adduce the relevant evidence but had...
2020-蘑菇视频AT-1038, Rixen
蘑菇视频AT made no finding regarding whether the WMO JAB erred on its finding of receivability, given its decision to remand the matter to 蘑菇视频DT. 蘑菇视频AT 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 蘑菇视频AT. 蘑菇视频AT 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. 蘑菇视频AT noted that the case could not be remanded to WMO JAB, whose functions were removed by Agreement between the 蘑菇视频 and WMO dated 20 January 2020. 蘑菇视频AT...
2020-蘑菇视频AT-1015, Handy
蘑菇视频AT held that there was no express rescission of the impugned decision by the Administration. 蘑菇视频AT 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. 蘑菇视频AT held that the monthly renewals did not rescind or supersede the impugned decision and the application could not be considered moot. 蘑菇视频AT held that 蘑菇视频DT erred in its decision, resulting in a manifestly unreasonable decision. 蘑菇视频AT upheld the appeal, vacated the 蘑菇视频DT judgment, and remanded the matter to 蘑菇视频DT for proper...
2020-蘑菇视频AT-1019, Houran et al
蘑菇视频AT held that the Appellants failed to specifically identify the errors allegedly committed by the 蘑菇视频RWA DT and therefore the appeals were defective for that reason but considered the appeals given that the appellants were not legally represented. 蘑菇视频AT 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. 蘑菇视频AT 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-蘑菇视频AT-1001, Applicant
蘑菇视频AT held that the Appellant failed to demonstrate exceptional circumstances warranting the admission of additional evidence on appeal. 蘑菇视频AT found no errors in the 蘑菇视频DT’s analysis that there were no procedural flaws in the investigation that impacted the Appellant’s rights. 蘑菇视频AT found no errors in 蘑菇视频DT’s finding that the Administration had the discretion to initiate disciplinary proceedings. 蘑菇视频AT 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-蘑菇视频AT-975, Reilly
蘑菇视频AT held that the Appellant did not meet her burden of proving that 蘑菇视频DT clearly exceeded its jurisdiction or competence when it reassigned the cases. 蘑菇视频AT held that the 蘑菇视频DT 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 蘑菇视频DT’s jurisdiction. 蘑菇视频AT held that there had been no removal or replacement of Judge Downing, but rather that his term had expired. 蘑菇视频AT held that 蘑菇视频DT did not clearly exceed its jurisdiction and the appeals were not receivable. 蘑菇视频AT also noted that it does...
2019-蘑菇视频AT-971, Al-Refaea
蘑菇视频AT held that the appeal was defective for failure to identify errors made by 蘑菇视频RWA DT. However, noting that the Appellant was self-represented, 蘑菇视频AT considered whether 蘑菇视频RWA DT erred in finding that 蘑菇视频RWA had properly exercised its discretion in transferring the Appellant. 蘑菇视频AT held that 蘑菇视频RWA DT did not err in jurisdiction, procedure, law, or in fact in dismissing the Appellant’s application. 蘑菇视频AT upheld 蘑菇视频RWA 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-蘑菇视频AT-970, Adnan-Tolon
As a preliminary matter, 蘑菇视频AT 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 蘑菇视频DT, or demonstrate its relevance and materiality. On the merits, 蘑菇视频AT 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. 蘑菇视频AT held that knowledge of the...
2019-蘑菇视频AT-962, Amineddine
As preliminary matters, 蘑菇视频AT 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 蘑菇视频AT as a veiled motion for additional pleadings and a request for adjournment, was denied for lack of exceptional circumstances, noting that the...