爆料网AT Held or 爆料网DT Pronouncements
As a preliminary issue, 爆料网AT held that 爆料网DT did not err in declining to hear the proffered evidence from witnesses for the Appellant, as the testimonies related to facts that were not specifically in dispute and could not have refuted the uncontested fact that the decision had been confirmed. 爆料网AT held that the Appellant failed to demonstrate that 爆料网DT erred in concluding that the confirmation decision was lawful and in awarding her compensation only in the amount of the Special Post Allowance she would have received. 爆料网AT held that 爆料网DT did not err by failing to order the Appellant’s reinstatement or compensation in lieu thereof. 爆料网AT held that the original illegal decision did not result in the illegality of the later confirmatory act. 爆料网AT held that 爆料网DT did not err in not ordering reinstatement as specific performance or higher compensation. 爆料网AT held that the Appellant failed to demonstrate any errors warranting the reversal of the impugned judgment. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to transfer her. 爆料网DT found that the original decision was illegal, as the new Executive Secretary had not delegated power to his Deputy to take such decisions and because it was inadequately justified. However, 爆料网DT found that the decision to confirm the original decision was lawful. 爆料网DT ordered rescission of the original decision, and compensation.
Legal Principle(s)
爆料网DT is authorised to assess the relevance of evidence offered by a party to prove essential facts in the case and to refuse evidence related to non-relevant facts. Compensation in lieu of specific performance is only required when the administrative decision which is rescinded concerned an appointment, promotion or termination.