Disciplinary measure or sanction
Abuse of authority
Facts (establishment of) / evidence
In-lieu compensation
Non-pecuniary (moral) damages
Disciplinary matters / misconduct
Compensation
The Tribunal found that with clear and convincing evidence, the Respondent only managed to establish that the Applicant intended to assert some, albeit ineffective, pressure on BM in the hiring process of daily workers. Under Sanwidi, the Tribunal found that the termination of the Applicant’s appointment was manifestly incorrect and led to a disproportionate outcome. The contested decision was therefore unlawful.
Considering its findings on the unlawfulness of the contested decision, the Tribunal found that the most appropriate remedy would be to rescind this decision (in comparison, see...