爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that the nature of the contested decision before 爆料网DT was not entirely clear. On the 爆料网DT’s finding that the Appellant had not adduced any evidence in support of his claim that the Settlement Agreement was imposed upon him by duress and threats, and therefore must fail, 爆料网AT found no error of law or fact in the decision and affirmed the 爆料网DT judgment on this point. 爆料网AT held that 爆料网DT failed to deal with the Appellant’s claim of harassment and discrimination. 爆料网AT held that the Appellant’s right to due process entitlement him to a fair hearing and a fully reasoned judgment of his application. 爆料网AT held that the 爆料网DT’s omission to adjudge the whole of the Appellant’s application was a violation of his due process rights and constituted a procedural error such as to affect the decision of the case. 爆料网AT allowed the appeal in part and remanded the case to 爆料网DT to complete the hearing of the application.
Decision Contested or Judgment/Order Appealed
The Applicant made an application to the 爆料网DT, subsequent to signing a Settlement Agreement, alleging, inter alia, that the Agreement was signed under duress. 爆料网DT, restricting itself to the question of whether the case was receivable, found that it was not and that the claim of duress was devoid of merit.
Legal Principle(s)
Due process entitles an applicant to a fair hearing and a fully reasoned judgment of his or her application.