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The offences alleged in the instant case were of a complex nature and were framed in a manner that required several discrete facts to be established so that a sanction of separation could be justified. Each element of the allegations of misconduct the Administration found to have been established was therefore subject to review. With the account of one person to be weighed against another, the Respondent had to properly consider issues of credibility on the record. There was no indication that the Respondent considered the two possible motives. The Applicant’s case was that the disciplinary...

The offences alleged in the instant case were of a complex nature and were framed in a manner that required several discrete facts to be established so that a sanction of separation could be justified. Each element of the allegations of misconduct the Administration found to have been established was therefore subject to review. With the account of one person to be weighed against another, the Respondent had to properly consider issues of credibility on the record. There was no indication that the Respondent considered the two possible motives. The Applicant’s case was that the disciplinary...

It follows from the case record that the reasons for rejecting the Applicant’s return-to-work plan on 13 May 2019 were only presented to the Applicant in the Respondent’s reply submitted by Counsel for the Respondent. This was evidently a procedural error. The scope of this irregularity was exacerbated by the statutory requirement of sec. 2.2 of ST/SGB/2019/3, which demands “the manager … to establish that the requested accommodations represent a disproportionate or undue burden on the workplace” (italics added). The Applicant’s manager was not Counsel for the Respondent before the Dispute...

The interview questions were reasonable and that the panel’s report was comprehensive, well-structured and thorough, and with reference to Sanwidi, the decision not to recommend the Applicant was therefore not “absurd or perverse” It is uncontested that the Applicant passed the written test, which was administered by the technical panel, whose composition he is now challenging. Accordingly, this composition evidently did not result in any concrete negative consequence(s) for the Applicant in the challenged selection process, but as a general matter, the Tribunal cannot exclude that a situation...