±¬ÁÏÍø

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had erred by failing to grant the remedy under Article 10(5)(a) of the ±¬ÁÏÍøDT Statute after it had found that the disciplinary decision was unlawful. The ±¬ÁÏÍøDT erred by refusing to rescind the contested decision on the grounds that the staff member had abused the judicial process. The ±¬ÁÏÍøAT remanded the case to the ±¬ÁÏÍøDT for determination of the appropriate remedy.

The ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøDT that the former staff member had manifestly abused the judicial process by filing forged documents before that Tribunal. However, the ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had erred in the...

The ±¬ÁÏÍøAT expressed serious concern about the lack of a sufficient record of reasons supporting the choice of the selected candidate over the staff member at the time of the contested decision.

The ±¬ÁÏÍøAT found that gender and geographical considerations were unevenly applied in the selection exercise, positively assessing the British male while ignoring or discounting that the staff member was an Indian female. Contrary to Staff Regulation 4.4, in which the fullest regard should be given to internal candidates, the ±¬ÁÏÍøAT found that her ±¬ÁÏÍø experience was used to disadvantage her. The ±¬ÁÏÍøAT also...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT did not err in finding that there was clear and convincing evidence to support that the applicant had engaged in abuse of authority by intimidating a staff member to file a false complaint of sexual harassment against another staff member. The ±¬ÁÏÍøRWA DT weighed the conflicting testimonies and assessed the credibility of the witnesses and found that she had a motive to solicit the false complaint.

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT did not err in declining to review the other misconduct allegations against her, given that the abuse of authority allegation was the...

The Tribunal rejected the Applicant¡¯s arguments and found that the decision to recover a portion of the Applicant¡¯s Home Leave lump sum was lawful.

The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.

Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...

1. The Tribunal noted that, in his reply, the Respondent informed the Tribunal that he had voluntarily decided to extend the Applicant¡¯s appointment through 30 June 2025. As an annex to the reply, the Respondent provided a copy of the Applicant¡¯s Personnel Action, indicating that his appointment had been extended to 30 June 2025.

2. The Tribunal thus held that, in light of the above, the Applicant¡¯s request for suspension of the implementation of the contested administrative decision had become moot. The Tribunal, therefore, did not find it necessary to examine whether...

The Tribunal noted the Applicant¡¯s persistence in raising previously rejected arguments.While no costs were awarded, the Tribunal warned the Applicant and his counsel against vexatious litigation, referencing similar cases and jurisprudence. The application was dismissed in its entirety as not receivable.

The Tribunal observed that unlike the Applicant¡¯s First Reporting Officer¡¯s (¡°FRO¡±) comments which were entirely consistent with the ePAS rating of ¡°Successfully Meets Expectations¡±, the comments of the Applicant¡¯s Second Reporting Officer (¡°SRO¡±) seriously undercut and detract from the overall appraisal rating." The Tribunal further noted that after the initial sentence recognizing that the Applicant ¡°consistently performed her tasks and duties effectively¡± and commending her ¡°ambition and dedication in her role, the SRO added seven sentences which were completely negative about the...

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøRWA DT had correctly assessed the Agency¡¯s application of the experience level requirements applicable to the Appellants. Specifically, regarding the teachers contesting their classification at Grade 9, the ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøRWA DT¡¯s review of the Area Staff Post Description, which required five years of teaching experience at Grade 9 for classification at Grade 10.As the Appellants classified at Grade 9 did not meet this requirement, the ±¬ÁÏÍøAT held that the ±¬ÁÏÍøRWA DT had correctly concluded that they were appropriately classified at Grade 9.

The ±¬ÁÏÍøAT further...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT acted correctly by conducting a judicial review of the case.

It found that the ±¬ÁÏÍøDT properly assessed the credibility of the witnesses who testified before it and correctly relied on the credible testimony of Ms. V, who had no motive to lie, to conclude that it had been established by clear and convincing evidence that the former staff member had sexually harassed her by making comments of a sexual nature in May and December 2020.While Ms. V¡¯s testimony alone would have been sufficient in this context, the ±¬ÁÏÍøAT noted that it was corroborated by colleagues who were...

The ±¬ÁÏÍøAT noted that the staff member had a medical condition requiring attention which impacted his ability to return to work, and he had consented to the Independent Medical Examination and had not challenged those records before the ±¬ÁÏÍøDT nor on appeal.

The ±¬ÁÏÍøAT held that even if ST/AI/2019/1 were applicable to ±¬ÁÏÍøHCR staff members or taken as a model of just practice, it would not have rendered the Independent Medical Examination improper.

The ±¬ÁÏÍøAT found no basis to overturn the ±¬ÁÏÍøDT¡¯s determination that there had been no evidence of bias or conflict of interest in either the medical...