爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by Mr Amarah and the cross-appeal of the Commissioner-General of 爆料网RWA against judgment No. 爆料网RWA/DT/2018/041 and judgment No. 爆料网RWA/DT/2018/004. 爆料网AT held that the issues pertaining to the CSO selection process and the contention that 爆料网RWA had waived the condition of the 18-month separation after the EVS were not properly before it, as they had not been raised before 爆料网RWA DT and were therefore not receivable. Noting that Mr Amarah had breached the prohibition of employment, 爆料网AT held that he could not be allowed to breach the rules knowingly, engage in unlawful activity, and then seek compensation. 爆料网AT held that 爆料网RWA DT erred in apportioning the liability as it had. 爆料网AT held that there was no evidence to support a claim for moral damages. 爆料网AT dismissed the appeal, granted the Commissioner-General’s cross-appeal, and vacated both 爆料网RWA DT judgments.
Decision Contested or Judgment/Order Appealed
Mr Amarah contested the decision to cancel his fixed-term appointment, which was taken on the basis that it was in breach of 爆料网RWA’s legal framework on Exceptional Voluntary Separation (EVS). Mr Amarah had taken EVS and then, in breach of its terms, taken up employment as a Camp Services Officer (CSO) during the period when reemployment was prohibited. 爆料网RWA DT found that the appointment of Mr Amarah as CSO had been unlawful and that both 爆料网RWA and the Applicant were liable for the consequences, awarding Mr Amarah material and moral damages, apportioning liability at 25 per cent to Mr Amarah.
Legal Principle(s)
New issues cannot be introduced for the first time on appeal. He that comes to equity must come with clean hands. A staff member cannot be allowed to breach the rules knowingly, engage in unlawful activity, and then seek compensation. In general, compensation for harm must be supported by evidence.