2019-��AT-938

��AT Held or ��DT Pronouncements

Noting that the position in question remained vacant, ��AT held that the decision to leave the position vacant was an exercise of the discretionary authority of ��RWA DT and that there was no procedural irregularity or error of law within the exercise of that discretion. ��AT held that the Appellant did not meet the required burden to be heard on appeal, namely, he failed to identify any of the prescribed grounds of appeal. ��AT held that the Appellant was estopped from raising new arguments on appeal with respect to priority consideration and facts on enrolment which were not argued before ��RWA DT. ��AT dismissed the appeal and affirmed the ��RWA DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to appoint him to a specific position following the resignation of the incumbent. ��RWA DT dismissed the application and held that the hiring director properly exercised his discretion and competence.

Legal Principle(s)

An appellant is estopped from raising new arguments on appeal which were not argued before the first instance tribunal.

Outcome

Appeal dismissed on merits

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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

Alhawi

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement