This is the series on the DIFFERENT judicial tribunal in Ethiopia.
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The civil service administrative tribunal is another judicial body that engage in adjudication of Civil Servant who are employed permanently by federal government institution. the scope of the law is limited to permanent civil servants and Government Institution that is to mean any federal government office established as an autonomous entity by a proclamation or regulations and fully or partially financed by government budget; included in the list of government institutions to be drawn up by the Council of Ministers. the Federal Civil Servants Proclamation Proclamation No. 515/2007 explain the structure and jurisdiction of the tribunal.
The tribunal is mandate to review Appeal or complaints of employees that are aggrieved by decisions of the head of a government institution. The administrative decisions are to be reviewed by administrative tribunal if decision given by the Head of a government institution, either orally or in writing, on a recommendation by
disciplinary or grievance handling committee in accordance with the power conferred by law or a decision given by the Head of a government institution without following the required due process.
According to article 74 Administrative Tribunal have been Established. The major power of the Administrative Tribunal, includes to hear,litigates and decides cases brought to it. The Administrative Tribunal shall have chambers, which examine and decide on appeal cases. The proclamation further stressed that the tribunal is organized with different chamber that shall have a chairperson and two members designated by the General Director. The Administrative Tribunal shall have a power, given to an ordinary court under civil procedure code, to execute its own decision, decree , order and the court procedure . Regarding its independence the same article states that it is the Federal Civil Service Agency that decides on its activities. It particularly stressed that the Agency may issue directives relating to the way the judges perform their functions, the code of ethics they should observe, and other related matters.
According to article 75 the Jurisdiction of the Administrative Tribunal includes the power to hear and decide on appeals brought by a civil servant relating to:
1) unlawful suspension or termination of service;
2) being penalized by rigorous disciplinary penalty;
3)an illegal attachment or deduction of his salary or other payments;
4)infringement of his rights arising from an employment injury;
5) except provided in Article 73/7/ of this Proclamation ,cases investigated and decided upon by grievance handling committee
6)matters arising from his request for termination letters and testimonials of service.
The tribunal is barred to adjudicate cases relating to article 73(7). Disciplinary measures provided under Article 73(7) refers to article 67/1//a/-/c/ which deals with the Types and Classification of Disciplinary Penalties. It particularly states that Depending on the gravity of the offence, one of the following penalties may be imposed on a civil servant for breach of discipline:
a) oral warning;
b) written warning;
c) fine up to one month’s salary;
The above power is given to the Grievance Handling Committee that is established according to article 72 of the proclamation.it particularly states that Any government institution shall establish a
grievance handling committee that conducts grievance inquiry, and submits recommendation to the Head of the government institution.. Furthermore according to article 73 Duties of Grievance Handling Committe includes investigation of complaints lodged by civil servants and submit recommendations especially relating to:-
1) interpretation and implementation of laws
and directives;
2) protection of rights and benefits;
3) occupational safety and health;
4) placement and promotion;
5) performance appraisal;
6) undue influence exerted by supervisors;
7) disciplinary measures provided under Article 67/1//a/-/c/;
8) other issues related to conditions of service.
The proclamation under article 76 states that the Administrative Tribunal may, after hearing the appeal, confirm or reverse the decision or vary the decision in favor of the appellant. Further the decision of the Administrative tribunal on question of facts shall be final; provided, however, that any one of the parties may appeal to the Federal Supreme Court on question of law within 30 days from the date of the decision of the Administrative Tribunal.
The proclamation under article 77 deals with the Execution of decision. it partiicularly affirms that Any government institution against which a decision is given by the Administrative Tribunal shall have the obligation to immediately execute the decision.Where the beneficiary of a decision pleaded that the decision of the Administrative Tribunal given in accordance with Article 76 of this Proclamation is not executed within 30 days, the Administrative Tribunal shall execute the decision.The Head of the government institution who failed to execute the decision of the Administrative Tribunal shall be liable for the damage sustained by the institution and the civil servant.
@legal advice and research in Ethiopia
...........................
The civil service administrative tribunal is another judicial body that engage in adjudication of Civil Servant who are employed permanently by federal government institution. the scope of the law is limited to permanent civil servants and Government Institution that is to mean any federal government office established as an autonomous entity by a proclamation or regulations and fully or partially financed by government budget; included in the list of government institutions to be drawn up by the Council of Ministers. the Federal Civil Servants Proclamation Proclamation No. 515/2007 explain the structure and jurisdiction of the tribunal.
The tribunal is mandate to review Appeal or complaints of employees that are aggrieved by decisions of the head of a government institution. The administrative decisions are to be reviewed by administrative tribunal if decision given by the Head of a government institution, either orally or in writing, on a recommendation by
disciplinary or grievance handling committee in accordance with the power conferred by law or a decision given by the Head of a government institution without following the required due process.
According to article 74 Administrative Tribunal have been Established. The major power of the Administrative Tribunal, includes to hear,litigates and decides cases brought to it. The Administrative Tribunal shall have chambers, which examine and decide on appeal cases. The proclamation further stressed that the tribunal is organized with different chamber that shall have a chairperson and two members designated by the General Director. The Administrative Tribunal shall have a power, given to an ordinary court under civil procedure code, to execute its own decision, decree , order and the court procedure . Regarding its independence the same article states that it is the Federal Civil Service Agency that decides on its activities. It particularly stressed that the Agency may issue directives relating to the way the judges perform their functions, the code of ethics they should observe, and other related matters.
According to article 75 the Jurisdiction of the Administrative Tribunal includes the power to hear and decide on appeals brought by a civil servant relating to:
1) unlawful suspension or termination of service;
2) being penalized by rigorous disciplinary penalty;
3)an illegal attachment or deduction of his salary or other payments;
4)infringement of his rights arising from an employment injury;
5) except provided in Article 73/7/ of this Proclamation ,cases investigated and decided upon by grievance handling committee
6)matters arising from his request for termination letters and testimonials of service.
The tribunal is barred to adjudicate cases relating to article 73(7). Disciplinary measures provided under Article 73(7) refers to article 67/1//a/-/c/ which deals with the Types and Classification of Disciplinary Penalties. It particularly states that Depending on the gravity of the offence, one of the following penalties may be imposed on a civil servant for breach of discipline:
a) oral warning;
b) written warning;
c) fine up to one month’s salary;
The above power is given to the Grievance Handling Committee that is established according to article 72 of the proclamation.it particularly states that Any government institution shall establish a
grievance handling committee that conducts grievance inquiry, and submits recommendation to the Head of the government institution.. Furthermore according to article 73 Duties of Grievance Handling Committe includes investigation of complaints lodged by civil servants and submit recommendations especially relating to:-
1) interpretation and implementation of laws
and directives;
2) protection of rights and benefits;
3) occupational safety and health;
4) placement and promotion;
5) performance appraisal;
6) undue influence exerted by supervisors;
7) disciplinary measures provided under Article 67/1//a/-/c/;
8) other issues related to conditions of service.
The proclamation under article 76 states that the Administrative Tribunal may, after hearing the appeal, confirm or reverse the decision or vary the decision in favor of the appellant. Further the decision of the Administrative tribunal on question of facts shall be final; provided, however, that any one of the parties may appeal to the Federal Supreme Court on question of law within 30 days from the date of the decision of the Administrative Tribunal.
The proclamation under article 77 deals with the Execution of decision. it partiicularly affirms that Any government institution against which a decision is given by the Administrative Tribunal shall have the obligation to immediately execute the decision.Where the beneficiary of a decision pleaded that the decision of the Administrative Tribunal given in accordance with Article 76 of this Proclamation is not executed within 30 days, the Administrative Tribunal shall execute the decision.The Head of the government institution who failed to execute the decision of the Administrative Tribunal shall be liable for the damage sustained by the institution and the civil servant.
@legal advice and research in Ethiopia
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