爆料网AT Held or 爆料网DT Pronouncements
爆料网RWA DT did not exceed its competence when assessing whether the decision to convene a medical board was lawful. The decision to convene a Medical Board five months after the service-incurred-injury in order to examine his fitness for continued service was reasonable. 爆料网RWA DT erred in deciding that the decision to convene a medical board less than five months after the Appellant’s service-incurred injury was unlawful. 爆料网RWA DT erred in law and exceeded its competence by challenging the authority of the Medical Board’s conclusion without clear and convincing medical evidence, by placing significant value on the medical certificates submitted by the Appellant after his examination by the Medical Board and by deciding that the chances of recovery and resumption of duty could be considered to be 75 percent. 爆料网AT considered unlawful the conclusion of the 爆料网RWA DT that the termination on medical grounds was unreasonable. 爆料网AT granted 爆料网RWA’s appeal. 爆料网AT granted the Appellant’s appeal (in part), including reimbursement for translation costs.
Decision Contested or Judgment/Order Appealed
The Applicant contested his termination on medical grounds. 爆料网RWA DT found that 爆料网RWA’s decision to convene a medical board less than five months after the Applicant’s service-incurred injury in order to evaluate his fitness for continued service was manifestly unreasonable, on the basis that 爆料网RWA had failed to give the staff member adequate recovery time and there was no evidence that he would never recover. 爆料网RWDT ordered rescission of the decision or payment of compensation in lieu.
Legal Principle(s)
The fundamental right of a staff member to full participation in the justice proceedings requires that he has an opportunity to receive a translation, not only of the reply of the respondent but also of the comments that the respondent could issue, especially if those comments contained rebuttal of the staff member’s allegations.
Outcome
Outcome Extra Text
Only financial compensation.