爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that the Appellant was not given an opportunity to call witnesses at trial and prior to that was not able to discuss with his supervisor the reason for his transfer. 爆料网AT held that the appeal was receivable because 爆料网DT had committed an error in procedure, such as to affect the decision of the case when it limited the evidence. 爆料网AT held that due process required that a staff member must know the reasons for a decision so that he or she can act on it and the complainant was left in an unfair position in terms of attempts to resolve the dispute when deprived of the opportunity to consider the reasons for his lateral transfer. 爆料网AT allowed the appeal and remanded the case to 爆料网DT for a determination of the facts and the merits of the application.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to renew his fixed-term appointment. 爆料网DT rejected his application.
Legal Principle(s)
The burden of proving improper motivation lies with the staff member contesting the decision not to renew his or her contract. The burden of proving that the first instance judge erred on a question of fact resulting in a manifestly unreasonable decision lies with the appellant. Due process requires that a staff member must know the reasons for a decision so that he or she can act on it.