Ä¢¹½ÊÓƵ

The Ä¢¹½ÊÓƵAT held that the former staff member filed his appeal within the statutory deadline. It noted that since he filed his application before the Ä¢¹½ÊÓƵDT in French, the 60-day time limit for filing his appeal ran from the date of receipt of the Ä¢¹½ÊÓƵDT Judgment in that same language. As he received the Ä¢¹½ÊÓƵDT Judgment in French on 11 July 2025 and filed his appeal on 13 August 2025, the Ä¢¹½ÊÓƵAT held that it was filed in a timely manner.

Nevertheless, the Ä¢¹½ÊÓƵAT found that the former staff member¡¯s application before the Ä¢¹½ÊÓƵDT was not receivable. In this regard, the Ä¢¹½ÊÓƵAT first rejected his contention...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding that the former staff member¡¯s application was not receivable.

Regarding the former staff member¡¯s claims concerning the alleged theft of her wages, the alleged lack of a legal basis for the recovery of her final pay, and the alleged illegal withholding of her final pay, the Ä¢¹½ÊÓƵAT found that these claims were not receivable ratione materiae, because she failed to request management evaluation of the contested decisions within the statutory time limit.In this regard, the Ä¢¹½ÊÓƵAT further held that her ignorance or misunderstanding of the law...

The Tribunal found that Mr. Issa¡¯s application does not satisfy the stringent prerequisites for receivability under the Ä¢¹½ÊÓƵAT Statute, namely, that the decisive fact he now relies upon, that all Ä¢¹½ÊÓƵRWA offices in the West Bank field were closed completely, was unknown to the Appeals Tribunal and to himself, prior to the Judgment. This was plainly known to Mr. Issa, rendering his application non-receivable on this ground alone.

The Ä¢¹½ÊÓƵAT noted that Mr. Issa does not present, or even purport to possess, evidence that he in fact had complied with Ä¢¹½ÊÓƵRWA¡¯s directives to advise the Agency of his...

The Ä¢¹½ÊÓƵAT first considered the staff member¡¯s request for an oral hearing, and decided it was not necessary for the expeditious and fair disposal of his case.

The Ä¢¹½ÊÓƵAT observed that when the only persons present in a physical assault are the perpetrator and the victim, an oral hearing may be useful for reaching credibility findings. However, in this case, the Ä¢¹½ÊÓƵAT noted that the staff member and his counsel agreed that they had no witnesses to present at an oral hearing and preferred to rely on the investigation report. In these circumstances, the Ä¢¹½ÊÓƵDT did not err in not holding an oral hearing...

The Ä¢¹½ÊÓƵAT noted that the JAB is specifically empowered to rule on a request for suspension of action which is within its jurisdiction and competence, so there was no basis for the Ä¢¹½ÊÓƵAT to consider the appeals unless and until there is a timely application from a decision on the merits. At such time, the Ä¢¹½ÊÓƵAT may consider, if appropriate, the due process issues raised in the currently appeal by the former ISA staff members.

The Ä¢¹½ÊÓƵAT noted that oral hearings would not assist the Tribunal with the fair and expeditious disposition of the case as there is no justification to hold oral hearings when...

The Ä¢¹½ÊÓƵAT observed that there may have been some ambiguity in paragraph 104 of the Ä¢¹½ÊÓƵAT Judgment for which the Secretary-General requested interpretation. The Ä¢¹½ÊÓƵAT held that the appropriate interpretation was that when the Ä¢¹½ÊÓƵDT renders its new decision on Article 10(5) and 10(6) of the Ä¢¹½ÊÓƵDT Statute, then the non-prevailing party may appeal the new Ä¢¹½ÊÓƵDT judgment in its entirety, including the Ä¢¹½ÊÓƵDT¡¯s holding on the merits.

The Ä¢¹½ÊÓƵAT found that the Secretary-General¡¯s application for interpretation is admissible and granted. It further noted that once the Ä¢¹½ÊÓƵDT fully exercises its jurisdiction on...

The Ä¢¹½ÊÓƵAT held that the appeal was timely, as Article 11(5) of the Ä¢¹½ÊÓƵRWA DT Statute provides that the filing period begins upon receipt of the Arabic translation of the judgment when the application was originally submitted in Arabic. Since Ms. Al Dawoud received the Arabic version on 9 January 2025 and filed her appeal on 10 March 2025, the appeal was timely.

On the merits, the Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT correctly identified the Agency¡¯s error in treating an email shared by Ms. Al Dawoud as confidential and acknowledged the harm caused by the erroneous disciplinary measure. However, the Ä¢¹½ÊÓƵAT...

The Ä¢¹½ÊÓƵAT held that the former staff member filed his appeal within the statutory deadline.It noted that since he filed his application before the Ä¢¹½ÊÓƵDT in French, the 60-day time limit for filing his appeal ran from the date of receipt of the Ä¢¹½ÊÓƵDT Judgment in that same language.As he received the Ä¢¹½ÊÓƵDT Judgment in French on 15 January 2025 and filed his appeal on 20 February 2025, the Ä¢¹½ÊÓƵAT held that it was filed timely.

Nevertheless, the Ä¢¹½ÊÓƵAT found that the former staff member¡¯s application before the Ä¢¹½ÊÓƵDT was not receivable ratione temporis.The Ä¢¹½ÊÓƵAT observed that the former staff member...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT did not err in finding the extensions of administrative leave with pay lawful, as the Administration reasonably assessed the risk to workplace harmony given the appellant¡¯s senior role.

The Ä¢¹½ÊÓƵAT agreed that the refusals to complete ePAS evaluations and to approve a subordinate¡¯s workplan and telecommuting request constituted insubordination under Staff Rule 1.2(a), which requires compliance with instructions properly issued by supervisors. It clarified that staff must follow instructions even if they believe them unlawful, unless criminal, and that ¡°properly issued¡±...

The Ä¢¹½ÊÓƵAT noted that months after the death of the participant in the Fund, the Appellant had produced Pens.A/2 forms purporting to change the designation of the beneficiary of the residual settlement, executed by a thumbprint and not the participant¡¯s signature. The Ä¢¹½ÊÓƵAT also noted the medical evidence of signs of the participant¡¯s dementia.

The Ä¢¹½ÊÓƵAT found that the Appellant had provided no evidence to support the contention that the participant¡¯s mental capacity had improved by the time of thumbprinting the later forms. The Ä¢¹½ÊÓƵAT held that the Fund had not erred when it found those forms...