±¬ÁÏÍø

The ±¬ÁÏÍøAT noted that the staff member had applied for vacancies of different posts, at different times, with different selection processes, and had not been selected for different reasons. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT had correctly decided that each of these decisions was separate and there was no evidence that they were related. The ±¬ÁÏÍøAT held that she had not met her burden of showing that the impugned Judgment was defective.

The ±¬ÁÏÍøAT held that the application in respect of the post in Pretoria was clearly out of time and in respect of the post in Nairobi premature and, as such, not receivable...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT had not erred in finding that it had been proven by clear and convincing evidence that the staff member had engaged in harassment and abuse of authority, used her office for personal reasons to prejudice the position of a colleague, disclosed sensitive information, failed to report the possible misconduct of others, used a personal e-mail address contrary to the applicable provisions, and exchanged inappropriate messages about colleagues.

The ±¬ÁÏÍøAT found that regardless of whether she had been a whistleblower engaged in a protected activity, there was no evidence that...

The ±¬ÁÏÍøAT noted that the ±¬ÁÏÍøRWA DT had ordered each party to nominate a psychiatrist, who in turn were to designate a third psychiatrist to review whether the staff member¡¯s mental condition at the time he committed the burglary, sentencing for which had been the grounds for his separation in the interest of the Agency.The Commissioner-General failed to comply with this instruction, without explanation, thereby leaving the ±¬ÁÏÍøRWA DT with no medical information about AAW's condition at the time of the burglary.

The ±¬ÁÏÍøAT found that the Commissioner-General had clearly and manifestly abused the...

The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT did not commit any error in procedure that affected the outcome of the case by partially denying the former staff member¡¯s motions for production of additional evidence or by not granting him sufficient additional time to respond to the Secretary-General¡¯s submissions.

The ±¬ÁÏÍøAT also concluded that the ±¬ÁÏÍøDT appropriately identified the contested decision as the 1 April 2022 decision finding him ineligible to participate in ASHI. The ±¬ÁÏÍøAT observed that the former staff member himself identified this decision in both his ±¬ÁÏÍøDT application and his management evaluation...

The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT made several errors of law and of fact leading to a manifestly unreasonable outcome.

In particular, the ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT erred in refusing to hold a hearing of evidence that Mr. Nkoyock sought to call to establish his defence to the allegations against him and to impeach the Secretary-General¡¯s witnesses. The ±¬ÁÏÍøDT further erred when it failed to reach its own conclusions on disputed facts and relied overly on the internal investigation¡¯s findings. The ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT also erred in relying on evidence that it had ruled irrelevant and inadmissible...

Mr. Moulana appealed the ±¬ÁÏÍøDT judgment.

±¬ÁÏÍøATnoted that the ±¬ÁÏÍøDT dismissed Mr. Moulana's application on the grounds of insufficient evidence, whereas he had not been afforded the opportunity to provide the evidence. ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT, by failing to address the Appellant¡¯s requests for the production of documents, including ignoring his motion, violated the Appellant¡¯s due process rights and deprived him of the opportunity to have his motion assessed and possibly granted, following which he could have submitted the pieces of evidence which the ±¬ÁÏÍøDT found he failed to provide. Therefore...

Mr. Jibril appealed.

As regards the request for an oral hearing, the ±¬ÁÏÍøAT held that the factual and legal issues arising from this appeal had already been clearly defined by the parties and there was no need for further clarification. Moreover, an oral hearing would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the ±¬ÁÏÍøAT Rules of Procedure. Accordingly, the request for an oral hearing is denied.

The ±¬ÁÏÍøAT agreed with the ±¬ÁÏÍøRWA DT that the challenged administrative decision to place Mr. Jibril on Administrative Leave With Pay (ALWP) was lawful. ...

±¬ÁÏÍøAT rejected the Secretary-General¡¯s interlocutory appeal against the ±¬ÁÏÍøDT order as not receivable, finding that ±¬ÁÏÍøDT had discretionary authority in case management and the production of evidence in the interest of justice. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT had decided on a measure of inquiry, the necessity of which it had sole authority to assess. ±¬ÁÏÍøAT held that it was not in the interest of the internal system of justice to consider an appeal against a simple measure of inquiry.

±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT judge had sufficient grounds to order the production of the documents withheld by the Administration concerning the selection process that led to the contested administrative decision. ±¬ÁÏÍøAT stated the principle that ±¬ÁÏÍøDT has the right to order the production of any document relevant for the purposes of the fair and expeditious disposal of its proceedings. If the Administration opposes ±¬ÁÏÍøDT¡¯s order to produce a certain document in its possession, it may, with sufficiently specific and justified reasons, request ±¬ÁÏÍøDT to verify the confidentiality of the document in...

±¬ÁÏÍøAT considered an appeal against Order No. 057 (±¬ÁÏÍøRWA/DT/2014) and judgment No. ±¬ÁÏÍøRWA/DT/2014/027. ±¬ÁÏÍøAT rejected the Appellant¡¯s request for confidentiality and for the redaction of his name from the ±¬ÁÏÍøRWA DT judgment and affirmed ±¬ÁÏÍøRWA DT¡¯s reasoning. ±¬ÁÏÍøAT denied the Appellant¡¯s request to submit new evidence to ±¬ÁÏÍøAT on the basis that the Appellant did not offer any explanation as to why he was precluded from filing them previously, exceptional circumstances did not exist, and its content would not have affected the decision of the case. ±¬ÁÏÍøAT held that it was for ±¬ÁÏÍøRWA DT to consider that it...