爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the appeal. 爆料网AT noted that 爆料网RWA’s disciplinary system provides that the Commissioner-General may only impose such disciplinary measures on current staff members. 爆料网AT accordingly found that 爆料网RWA DT erred in finding that the Commissioner-General was entitled to impose the disciplinary measure of a fine after the Appellant’s employment ended and held that the disciplinary measure had to be rescinded. With respect to the Appellant’s request for compensation, 爆料网AT noted that it may only award compensation for harm in cases where the individual presented evidence, other than their own, testimony that they suffered a pecuniary or moral injury due to the contested administrative decision. 爆料网AT held that the Appellant did not suffer any pecuniary injury and did not present any evidence showing that he suffered mental distress, anxiety, or another moral injury during the investigation and/or the proceedings. 爆料网AT accordingly could not award compensation to the Appellant. 爆料网AT partially upheld the appeal and vacated 爆料网RWA DT’s judgment insofar as it dismissed the Appellant’s application for rescission of the disciplinary measure of a fine. 爆料网AT dismissed the appeal and affirmed 爆料网RWA DT’s judgment to the extent that it dismissed the Appellant’s application for compensation for moral and reputational damage. 爆料网AT ordered rescission of the disciplinary measure, directed the Commissioner-General to restitute to the Appellant the amount of the fine with interest payable from 24 August 2016, and ordered the removal of the disciplinary measure from the Appellant’s official status file.
Decision Contested or Judgment/Order Appealed
The Applicant contested the Agency’s decision to impose on him the disciplinary measure of a fine equivalent to two months’ net base salary. 爆料网RWA DT found that the Applicant engaged in actions that constituted misconduct. 爆料网RWA DT noted that the misconduct was particularly serious in light of the Applicant’s senior managerial position and that the contested sanction was neither absurd nor perverse. 爆料网RWA DT dismissed the application in its entirety.
Legal Principle(s)
The Commissioner-General’s authority is restricted to imposing disciplinary measures on current staff members. 爆料网AT may only award compensation for harm in cases where the staff member has presented evidence other than his own testimony that he or she suffered pecuniary or moral injury due to the contested administrative decision.