51³Ô¹Ï

The Tribunal ordered rescission of the administrative decision to separate the Applicant from service. The Tribunal awarded the Applicant compensation for the substantive and procedural irregularities occasioned him by the failure of the Administration to follow its own guidelines, rules and procedures. Ultra vires - It was not within the competence of the Mission Leadership Team of UNMISS to leave its role of implementing the new mission’s mandate in order to dabble into matters of human resource management and the transitioning and de-transitioning of staff from the old mission to the new...

Pleadings - A defence to a claim must say which of the allegations in the particulars of claim are admitted, which are denied and which allegations the defendant is unable to admit or deny, but requires the claimant to prove. Every allegation made in a claim should be dealt with in the defence. Where an allegation is denied, this normally implies that the defendant intends to put up a positive case to the contrary. Where the defendant denies an allegation, he must state his reasons for doing so; and if he intends to put forward a different version of events from that given by the claimant, he...