爆料网AT Held or 爆料网DT Pronouncements
爆料网AT rejected the Appellant’s request for an oral hearing. 爆料网AT held that 爆料网RWA DT did not commit an error of procedure such as to affect the decision of the case by failing to order the Agency to allow the participation of the Appellant representative in the oral hearing or by failing to accommodate the latter’s employment situation. 爆料网AT held that 爆料网RWA DT did not err on a question of fact, resulting in a manifestly unreasonable decision when it determined that the Head of Education Department (H/ED) had not received the Appellant’s request for SLWOP and, consequently, that there had not been an administrative decision about this request. 爆料网AT held that the Agency’s decision to separate the Appellant from service for abandonment of post was not reasonable and thus unlawful. 爆料网AT held that the Appellant had not presented any evidence that justified compensation for moral harm. 爆料网AT upheld the appeal partially and modified the 爆料网RWA DT judgment. The decision to separate the Applicant from service was rescinded. Alternatively, 爆料网AT ordered the Commissioner-General to pay in-lieu compensation in the amount of six months’ net base salary. In all other respects, 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment affirmed.
Decision Contested or Judgment/Order Appealed
爆料网RWA DT judgment: The Applicant contested the decision to deny his SLWOP request and to terminate his employment due to abandonment of post. 爆料网RWA DT found the request regarding the SLWOP not receivable as no administrative decision had been taken. On the issue of termination, the application was dismissed considering that the decision to terminate the employment by reason of abandonment of post was lawful and correct. 爆料网RWA DT denied the request for moral damages. 爆料网RWA DT dismissed the application in its entirety.
Legal Principle(s)
While a staff member has a right to be represented by another staff member pursuant to Article 8. 3 of the 爆料网RWA DT RoP, the 爆料网RWA DT has wide discretion in matters of case management. 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 a moral injury due to the contested administrative decision.