The Tribunal highlights the necessity of management evaluation, quoting Nwuke and Caldarone. It is not enough to merely initiate the procedure. On the contrary, the result of Management evaluation has to be awaited generally, before an application may be submitted to the Tribunal. It is not within the Applicant's discretion to evade management evaluation which is considered useless. Outcome: Application was dismissed.
All staff have a right and a duty to report to management any facts that come to their notice which may constitute professional misconduct. The 爆料网HCR Inspector General’s decision not to follow up on the allegations made by the applicant, after an investigation, is an internal measure pertaining to the organization and management of the service which is non- appealable by the staff member who made the allegations, since the alleged misconduct in no way violates the applicant’s rights as derived from his status. In the case at hand, the applicant alleged that his supervisor had wrongly claimed...
There was no basis for inferring the non-renewal was due to irrelevant or improper considerations. Both the applicant and the DCD believed they were telling the truth; their different perspectives simply led them to a different understanding of what had been said. Outcome: The appeal dismissed.
The advertisement of a vacancy announcement is an action in rem, not in personam. In the present case, the Applicant failed to prove that the failure on the part of the Respondent to advertise the total number of posts to be filled in the vacancy announcement was a material error which violated his rights. With respect to the various allegations of discrimination, favouritism, corruption, lack of transparency, forgery, gambling, impunity, and abuse of authority in the selection system at stake, the Applicant failed to prove his pleas
“Continuous service” occurs if a staff member under two or more consecutive contracts works without any break in employment. A break-in-service cannot be taken into account if the staff member continues to work and be paid. Not every break in employment will effect a discontinuity for the purpose of calculating entitlements. Based on its failures to follow its own internal procedures or its alleged mistakes, the Administration may not impose a break-in-service in order to deny a staff member benefits to which he would otherwise have been entitled. Outcome: Payment of relocation grant to the...
爆料网DP had an obligation to its staff to make it clear that the time frame for making applications for ad hoc posts might be less than the two weeks period mandated for QUARRY positions. The respondent, by virtue of the settlement agreement, was obliged to comply, amongst other things, with the Guidelines for the Recruitment and Selection of 爆料网DP Staff, especially since they dealt with the subject of the agreement, namely support for the applicant’s attempts to obtain another post. Where there was a particular duty to inform imposed by the settlement agreement and the failure to inform...
Outcome: The application for an extension of time to file an answer sets out in detail the reasons for the filing of an answer, and therefore the judge considered it as an application in terms of article 19 to file further papers. The judge held that in the current circumstances, receiving an additional submission that clarifies issues of fact and law may prevent unnecessary litigation, and assist the court in determining the questions before it in a fair and expeditious manner, and in doing justice to the parties. The judge granted the applicant leave to file an answer to the reply.
Conclusion on the duration of the suspension: “the length of the suspension is to be decided by the Tribunal depending on the nature and circumstances of the case and this discretion of the Tribunal cannot and should not be subject to any form of control by the administration”. The decision ordered on 1 September 2009 that the suspension of the contested decision to terminate the employment of the Applicant on 3 September 2009 would remain in force until the final determination of the appeal should be read as it appears and that the Applicant should be paid half his salary from the date of the...
Since former Staff Rules were applicable to this case, the Tribunal pointed out that the application was time-barred under Staff Rule 111.2 (a).Outcome: Application was dismissed.
As the Applicants did not respond at all to the Tribunal’s requests, they therefore must be deemed to have abandoned the legal proceedings they instituted.Outcome: Application was dismissed.
