爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the Commissioner-General’s appeal, which alleged that 爆料网RWA DT erred in finding that the 爆料网RWA Administration’s decision not to inform Mr Hamayel that his post would not be held for him during his second year of Special Leave Without Pay (SLWOP) was arbitrary and unreasonable, thereby vitiating the decision to transfer Mr Hamayel, and by awarding moral damages. 爆料网AT found that it was both logical and reasonable to expect the 爆料网RWA Administration to inform Mr Hamayel that taking a second year of SLWOP would cause him to lose his post. 爆料网AT noted that, even though Mr Hamayel had no lien on his post, the 爆料网RWA Administration should have paid due regard to the interests of Mr. Hamayel and informed him when his post was advertised. 爆料网AT affirmed 爆料网RWA DT’s decision that the lapses on the part of the 爆料网RWA Administration were arbitrary and unreasonable. However, 爆料网AT found that 爆料网RWA DT erred in awarding moral damages. 爆料网AT noted that 爆料网RWA DT found it “unsafe … to conclude on the basis of the evidence before it that the condition was either caused or aggravated by the stress which he undoubtedly suffered by the way he has been treated. ” 爆料网AT found that the orders from 爆料网RWA DT to rescind the decision to transfer Mr Hamayel and to reinstate him in his former post upon the expiration of the three-year fixed-term contract of his replacement were sufficient to give Mr Hamayel satisfaction. 爆料网AT accordingly upheld the Commissioner-General’s appeal against the moral damages. 爆料网AT affirmed 爆料网RWA DT’s judgment subject to setting aside the award of USD 5,000 compensation for moral damages.
Decision Contested or Judgment/Order Appealed
Mr Hamayel contested the decision not to reinstate him to his post and his situation that if he declined the offer of a transfer, he would be declared redundant. 爆料网RWA DT ordered the rescission of the decision to transfer him, his reinstatement and, upon expiration of the fixed-term appointment of his replacement, he was to be offered the next suitable and comparable post in his Office. 爆料网RWA DT also ordered payment of USD 5,000 as moral damages.
Legal Principle(s)
The Commissioner-General has an obligation to act in good faith and comply with applicable laws. Mutual trust and confidence between the employer and the employee are implied in every contract of employment and both parties must act reasonably and in good faith.