爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that the appeal was defective for failure to identify errors made by 爆料网RWA DT. However, noting that the Appellant was self-represented, 爆料网AT considered whether 爆料网RWA DT erred in finding that 爆料网RWA had properly exercised its discretion in transferring the Appellant. 爆料网AT held that 爆料网RWA DT did not err in jurisdiction, procedure, law, or in fact in dismissing the Appellant’s application. 爆料网AT upheld 爆料网RWA DT’s finding that the Appellant did not meet the burden of proving that the decision to transfer him to another post after the abolition of his post was exercised arbitrarily or capriciously, was motivated by prejudice or other extraneous factors, or was flawed by procedural irregularity or an error of law. 爆料网AT held that 爆料网RWA DT reasonably found that there was no obligation on 爆料网RWA to ensure that every staff member involved in a restructuring process will be placed in their location of choice or that they would retain the same post for the rest of their employment. 爆料网AT held that given the transfer had been accepted by the Appellant, and in the absence of any duress or undue influence at the time of his acceptance of that offer, it would be inequitable to allow the Appellant to go back on his acceptance. 爆料网AT held that 爆料网RWA DT’s finding did not result in a manifestly unreasonable decision. 爆料网AT held that there was no justification for an award of compensation given that no illegality had been found. 爆料网AT dismissed the appeal and affirmed the 爆料网RWA DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to transfer him to another post as a result of the abolition of his post. 爆料网RWA DT dismissed the application.
Legal Principle(s)
The Tribunals will only interfere and rescind or modify a sanction imposed by the Administration where the sanction imposed is blatantly illegal, arbitrary, adopted beyond the limits stated by the respective norms, excessive, abusive, discriminatory, or absurd in its severity.