2015-惇蹋厙AT-528

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered an appeal by the Commissioner-General of the order rescinding the decision to transfer the Appellant and the moral damages award. On the Commissioner-General＊s argument that 惇蹋厙DT unduly fettered its discretion to award compensation in lieu of specific performance, 惇蹋厙AT held that, absent any error of law or manifestly unreasonable factual findings, which were not evident, 惇蹋厙AT would not interfere with the discretion vested in 惇蹋厙RWA DT to decide on remedy. 惇蹋厙AT held that, in all of the circumstances of the case, it was not persuaded by the Commissioner-General＊s argument that 惇蹋厙RWA DT erred in law in affirming its decision to rescind Ms. Rantisi＊s transfer or that it unduly fettered its discretion. 惇蹋厙AT recalled that as there was no connection to appointment, promotion or termination, there was no requirement to set an amount of compensation as an alternative. 惇蹋厙AT held that 惇蹋厙RWA DT exercised its reasoned discretion to rescind the transfer and 惇蹋厙AT upheld that decision. On the issue of moral compensation, 惇蹋厙AT, having regard to all of the matters of which 惇蹋厙RWA DT was apprised, both in the course of the hearing on the merits and on remedies, and taking particular regard of the medical evidence, found no error of law or fact in the matter in which 惇蹋厙RWA DT assessed damages or the quantum thereof. 惇蹋厙AT dismissed the appeal and upheld the 惇蹋厙RWA DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested a judgment on Remedies which confirmed: the orders to rescind; the decision to issue a letter of written censure; the decision to suspend the Applicant for one week; and the decision to transfer her to a new post. The judgment on Remedies expunged all records of the suspension from the Applicant＊s file and awarded USD 40,000 for moral damages.

Legal Principle(s)

The decision on remedy is quintessentially a matter for the first instance Tribunal. Absent any error of law or manifestly unreasonable factual findings, 惇蹋厙AT will not interfere with the discretion vested in 惇蹋厙RWA DT to decide on a remedy. Where there is no connection to appointment, promotion or termination, there is no requirement to set an amount of compensation as an alternative to rescission.

Outcome

Appeal dismissed on merits

Outcome Extra Text

Only financial compensation; Only financial compensation

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Rantisi

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement