爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT considered an appeal by the Commissioner-General of the 爆料网RWA.
The 爆料网AT found that by the Commissioner-General had been ordered to take a new decision with respect to the staff member’s request in view of the increase in his managerial and budgetary duties and responsibilities.
The 爆料网AT was of the view that the Commissioner-General had not been specifically ordered to upgrade his post or to grant him a special allowance; the 爆料网RWA DT had deemed it to be within the discretion of the Commissioner-General to decide whether or not he should be compensated.
The 爆料网AT noted that the Commissioner-General had issued a new decision, thoroughly reviewing the staff member’s duties and responsibilities and found that the increase in Mr. Loubani's managerial and budgetary duties was minimal and did not justify granting him a special allowance. In this situation, it had been erroneous of the 爆料网RWA DT to grant Mr. Loubani's motion for execution of its earlier judgment, because the latter judgment had already been properly executed.
The 爆料网AT also held that the 爆料网RWA DT erreonously found that the Commissioner-General had engaged in abuse of process and there should have been no award of costs against 爆料网RWA.
The 爆料网AT granted the appeal and reversed Judgment No. 爆料网RWA/DT/2022/030.
Decision Contested or Judgment/Order Appealed
A staff member filed an application to the 爆料网RWA DT for execution of its prior judgment.
In Judgment No. 爆料网RWA/DT/2022/030, the 爆料网RWA DT ordered the 爆料网RWA to execute the prior judgment by upgrading the staff member’s post or granting him an appropriate special allowance, and to pay him costs for manifestly abusing the proceedings before the 爆料网RWA DT. The 爆料网RWA DT found that, in the prior judgment, it had held that he should be compensated in view of a “remarkable increase” in his responsibilities, and his new post description included new responsibilities. The 爆料网RWA DT noted that it could reasonably only have been understood that the 爆料网RWA was to take a new decision upgrading his post or granting him an appropriate special allowance.
Legal Principle(s)
It is within the discretion of the Agency to decide whether a staff member should be compensated for additional job duties; the Tribunal may only give guidance with regard to the circumstances that the Agency should consider when taking a new decision.