Ä¢¹½ÊÓƵ

The Ä¢¹½ÊÓƵAT noted that the staff member¡¯s transfer request had been approved by the West Bank Field Office but the Jordan Field Office had subsequently informed that the request could not be accommodated due to a commitment to the roadmap on hiring daily-paid workers in fixed-term posts.

The Ä¢¹½ÊÓƵAT held that the Commissioner-General had demonstrated the efforts made by both Field Offices to process the transfer request and the Agency¡¯s burden to show that the request had been given full and fair consideration was satisfied. The Ä¢¹½ÊÓƵAT found that the staff member had not discharged the burden of...

The Ä¢¹½ÊÓƵAT noted that in light of multiple competing requests for lateral transfer, the staff member had not been one of the candidates who was recommended and selected for the position because her responsibilities had been different from the duties of the requested position, and the Agency sought candidates more familiar with those duties.

The Ä¢¹½ÊÓƵAT held that under the relevant legal provisions governing lateral transfers, read together and not in isolation, the Agency had been authorized to base its assessment on the candidates¡¯ suitability for the post instead of seniority, compelling reasons...

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT rightly identified that the standard of proof for placing the staff member on ALWOP was whether there was reasonable suspicion or reasonable grounds to believe that the staff member had committed the alleged misconduct.

The Ä¢¹½ÊÓƵAT rejected the staff member¡¯s argument that his ex-wife¡¯s withdrawal of the complaint against him in a national court should have stopped all investigations against him. The Ä¢¹½ÊÓƵAT noted that the national court had provided the case records to the Agency, and the Agency, following its complete assessment of the situation, can proceed with...

The Ä¢¹½ÊÓƵAT noted that before the applicant became a staff member, he had been employed by Ä¢¹½ÊÓƵRWA as complementary personnel with non-staff status and was not entitled to any benefit beyond what had been established for daily-paid workers. The Ä¢¹½ÊÓƵAT observed that neither his daily-paid service contracts nor a sample of daily-paid service contracts applicable at the relevant time mentioned payment of any compensation upon expiration.

The Ä¢¹½ÊÓƵAT found that upon each expiry of the applicant¡¯s daily-paid service contract, it was successively renewed and he was bound by the Agency¡¯s regulations and...

The Appeals Tribunal found, in relation to Mr. Qasem¡¯s exclusion from consideration for the Acting Head position, that the Ä¢¹½ÊÓƵRWA DT erred in finding Mr. Qasem¡¯s application not receivable. The Appeals Tribunal however found that in the circumstances of this case, it was in the interest of judicial economy to review the case on the merits without remand. The Appeals Tribunal found that while the Administration had unlawfully excluded Mr. Qasem¡¯s application from consideration, this irregularity had no impact on the selection decision. Considering Mr. Qasem¡¯s performance, administrative and...

The Ä¢¹½ÊÓƵAT considered an appeal by the staff member.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT¡¯s reasoning for refusing an oral hearing because the staff member failed to establish that her appeal was receivable, was ex post facto and, thereby, erroneous.

The Ä¢¹½ÊÓƵAT found that there was an error in the Ä¢¹½ÊÓƵRWA DT¡¯s calculation of compensation in lieu of rescission of the non-selection decision as there was no evidence to support the conclusion that the Ä¢¹½ÊÓƵRWA would have found her unsuitable for the role at the end of the probationary period.

The Ä¢¹½ÊÓƵAT was of the view that the Ä¢¹½ÊÓƵRWA DT¡¯s methodology of fixing...

Ä¢¹½ÊÓƵAT considered an appeal by Mr. Al Othman against Ä¢¹½ÊÓƵRWA Judgment No. Ä¢¹½ÊÓƵRWA/DT/2020/073. It also considered a cross-appeal by the Commissioner-General of Ä¢¹½ÊÓƵRWA, to the extent that the Judgment awarded Mr. Al Othman compensation.

Ä¢¹½ÊÓƵAT held that there was clear and convincing evidence established that Mr. Al Othman committed the alleged offences. The Ä¢¹½ÊÓƵRWA DT conclusions were accurate, based on evidence on record and common knowledge and Ä¢¹½ÊÓƵAT found no reason to differ from them. Ä¢¹½ÊÓƵAT shared the Ä¢¹½ÊÓƵRWA DT¡¯s view that the only reasonable conclusion available to the trial Judge, resulting from the...

The Ä¢¹½ÊÓƵAT decided that mistakes in the way the summary dismissal decision was communicated to the appellant did not affect the fact that the real decision had ultimately been taken by the competent person in the Commissioner-General and not by any delegated authority.

It was undisputed that Mr. Mohammad was not afforded the opportunity to comment on the additional evidence produced against him after the re-opening of the investigation (two interviews of student B¡¯s mother and student B). However, neither in his appeal nor in his initial application to the Ä¢¹½ÊÓƵRWA DT did he point out any...

Mr. Jibril appealed.

As regards the request for an oral hearing, the Ä¢¹½ÊÓƵAT held that the factual and legal issues arising from this appeal had already been clearly defined by the parties and there was no need for further clarification. Moreover, an oral hearing would not assist in the expeditious and fair disposal of the case, as required by Article 18(1) of the Ä¢¹½ÊÓƵAT Rules of Procedure. Accordingly, the request for an oral hearing is denied.

The Ä¢¹½ÊÓƵAT agreed with the Ä¢¹½ÊÓƵRWA DT that the challenged administrative decision to place Mr. Jibril on Administrative Leave With Pay (ALWP) was lawful. ...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT exercised its discretion to proceed by summary judgment lawfully and appropriately.

Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT erred when it decided that the Appellant¡¯s application was not receivable ratione materiae. Ä¢¹½ÊÓƵAT noted that the case was almost identical to Osama Abed & Eman Abedv. Commissioner-General of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (Judgment No. 2022-Ä¢¹½ÊÓƵAT-1297). Consistent with this Judgment, Ä¢¹½ÊÓƵAT held that the placement of a letter reminding the Appellant of her obligation to behave at all times in a manner...