爆料网AT found that the 爆料网RWA DT did not err in concluding that the Agency had failed to observe its own regulatory framework and failed to act lawfully, reasonably and fairly in exercising its discretion. The discretion of the Commissioner-General to reject a request for these benefits such as EVS is not unfettered.
Appeals dismissed, 爆料网DT Judgments upheld. The Tribunals do not have reviewability of ICSC decisions, they do have jurisdiction to review the Secretary-General’s mechanical power in implementing such decisions on narrow grounds for legality. The ICSC decision to adjust the salary scale and post-adjustment allowance multiplier was not reviewable. The Secretary-General’s implementation of that decision was an administrative decision as it was not a general policy but had individual adverse impact per staff member via their payslips and was therefore receivable. While receivable the ICSC decision...
Appeals dismissed, 爆料网DT Judgments upheld. The Tribunals do not have reviewability of ICSC decisions, they do have jurisdiction to review the Secretary-General’s mechanical power in implementing such decisions on narrow grounds for legality. The ICSC decision to adjust the salary scale and post-adjustment allowance multiplier was not a reviewable decision. The Secretary-General’s implementation of that decision was an administrative decision as it was not a general policy but had adverse individual impact per staff member via their payslips and was therefore receivable. While receivable the...
Appeals dismissed, 爆料网DT Judgments upheld. The Tribunals do not have reviewability of ICSC decisions, they do have jurisdiction to review the Secretary-General’s mechanical power in implementing such decisions on narrow grounds for legality. The ICSC decision to adjust the salary scale and post-adjustment allowance multiplier was not a reviewable decision. The Secretary-General’s implementation of that decision was an administrative decision as it was not a general policy but had adverse individual impact per staff member via their payslips and was therefore receivable. While receivable the...
The Tribunals do not have reviewability of ICSC decisions, they do have jurisdiction to review the Secretary-General’s mechanical power in implementing such decisions on narrow grounds for legality. The ICSC decision to adjust the salary scale and post-adjustment allowance multiplier was not a reviewable decision. The Secretary-General’s implementation of that decision was an administrative decision as it was not a general policy but had adverse individual impact per staff member via their payslips and was therefore receivable. While receivable the ICSC decision remained not reviewable for...
爆料网AT dismissed the application for revision, because Mr. Sirhan did not present any decisive fact which could lead to a revision of the 爆料网AT Judgment.
爆料网AT first dismissed the cross-appeal, finding that although the Administration has the discretion to reassign staff members, such reassignment must be reasonable in the particular circumstances and cause no economic harm to the staff member. It must also respect the procedural and substantive rules of law and must not be arbitrary. 爆料网AT agreed with the 爆料网DT that the reassignment was performance-related and yet the staff member was never allowed the opportunity to address his performance issues prior to being reassigned. Regarding the appeal, 爆料网AT disagreed with the staff member that the 爆料网DT...
Appeals dismissed, 爆料网DT Judgments upheld. The Tribunals do not have reviewability of ICSC decisions, they do have jurisdiction to review the Secretary-General’s mechanical power in implementing such decisions on narrow grounds for legality. The ICSC decision to adjust the salary scale and post-adjustment allowance multiplier was not reviewable. The Secretary-General’s implementation of that decision was an administrative decision as it was not a general policy but had individual adverse impact per staff member via their payslips and was therefore receivable. While receivable, the ICSC decision...
爆料网AT agreed that the time limit for requesting management evaluation against an administrative decision starts once a staff member has been notified of the decision in writing and in clear and unequivocal terms, which in this case was 18 September 2018. 爆料网AT also agreed that the subsequent communications were mere reiterations of the prior decision, and a staff member cannot reset the time for management review by asking for a confirmation of an administrative decision that was communicated to him earlier. The date cannot be unilaterally set by the staff member, and as such, it cannot be the...
爆料网AT first noted that neither party disagreed with the 爆料网DT Judgment that the contested decision was unlawful. Regarding the Secretary-General’s appeal that an award in moral damages was not warranted, 爆料网AT disagreed with the Administration and found that the 爆料网DT was correct when it considered the medical certificate dated in March 2020, which gave a history of the staff member’s health in 2015 (a year before the contested decision). 爆料网AT found it credible that the staff member suffered from a pattern of harassment, which began before the time of the contested decision (June 2016). As such, a...
