爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal against Order No. 057 (爆料网RWA/DT/2014) and judgment No. 爆料网RWA/DT/2014/027. 爆料网AT rejected the Appellant’s request for confidentiality and for the redaction of his name from the 爆料网RWA DT judgment and affirmed 爆料网RWA DT’s reasoning. 爆料网AT denied the Appellant’s request to submit new evidence to 爆料网AT on the basis that the Appellant did not offer any explanation as to why he was precluded from filing them previously, exceptional circumstances did not exist, and its content would not have affected the decision of the case. 爆料网AT held that it was for 爆料网RWA DT to consider that it had before it sufficient information to enable it to reach its decision without holding an oral hearing and there was no error in this regard. 爆料网AT rejected the Appellant’s contentions that his due process rights to seek production of documents and build his case were violated by reason of the Commissioner-General’s allegedly limited reply and that 爆料网DT erred in rejecting his motion for production of documents. 爆料网AT held that it discerned no error in procedure in 爆料网RWA DT’s rejection of the Appellant’s motion for production of document. 爆料网AT held that the argument that 爆料网RWA DT erred in granting the Commissioner-General leave to participate in the proceedings after he had failed to file his reply with the time limits was without merit. 爆料网AT held that there was no error in the manner in which 爆料网RWA DT exercised its discretion allowing the Commissioner-General to participate and accepting his late filing. 爆料网AT held that, while it did not condone ex parte communications, it did not accept that the practice amounted to underhanded behaviour and was satisfied that no prejudice was caused to the Appellant. 爆料网AT held that the Appellant did not establish any procedural errors warranting the reversal of the 爆料网RWA DT judgment. 爆料网AT held that there was no merit in the Appellant’s argument that 爆料网RWA DT failed to consider that it was a case of constructive dismissal. 爆料网AT noted that 爆料网RWA DT was not satisfied that the actions of the Appellant’s supervisors forced the Appellant to leave his job as he never filed a formal complaint in that regard and 爆料网RWA DT determined that it was the Appellant who voluntarily tendered his resignation just one month after being further extended for an additional one year. 爆料网AT further noted that there was no evidence that the fact his appointment was only extended for one year, as opposed to three years, was motivated by ill will or was intended to harass the Appellant. 爆料网AT disagreed with the Appellant’s contention that 爆料网RWA erred in fact and law in finding that he did not have any expectancy of renewal for a three-year period. 爆料网AT held that there was no evidence of a firm commitment to renew the Appellant’s contract for three years. 爆料网AT considered all of the other claims of the Appellant and found them to be without merit. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
Decision Contested or Judgment/Order Appealed
爆料网RWA DT judgment: The Applicant contested the decision to renew his contract for one year, rather than three years. Order No. 057 (爆料网RWA/DT/2014) ruled on a number of motions. 爆料网RWA DT granted the Commissioner-General’s request to participate in the proceedings and file his reply, as well as the Applicant’s request to submit a rejoinder. With the exception of the Applicant’s request for confidentiality, consideration of which was deferred to the judgment, 爆料网RWA DT denied the remainder of the requests. In judgment No. 爆料网RWA/DT/2014/027, 爆料网RWA DT dismissed the application.
Legal Principle(s)
Personal embarrassment and discomfort are not sufficient grounds to grant confidentiality. 爆料网AT will not lightly interfere with the broad discretion of 爆料网RWA DT in the management of its cases. In order for a staff member’s claim of legitimate expectation of a renewal of appointment to be sustained, it must not be based on mere verbal assertion, but on a firm commitment to renewal revealed by the circumstances of the case.