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Ä¢¹½ÊÓƵAT noted that Ä¢¹½ÊÓƵRWA DT¡¯s analysis of whether Mr. Faour had timely requested review of the decision not to renew his contract, the Ä¢¹½ÊÓƵRWA DT focused on Mr. Faour¡¯s omnibus letter (of 17 December 2018) to his superior containing many complaints, including a request for review of his performance review, but no request for review of the contested decision (the non-renewal of his contract). Ä¢¹½ÊÓƵAT found, however, that other correspondence from Mr. Faour that was within the statutory 60 days to request a decision review did fulfill the minimum criteria required by Ä¢¹½ÊÓƵAT judgments: it identified the...

Ä¢¹½ÊÓƵAT preliminarily held that the appeal was receivable, as it was filed within the time granted for re-filing. With regards to the issue of the Appellant¡¯s termination, Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA JAB¡¯s decision was legal, rational, and procedurally proper. Ä¢¹½ÊÓƵAT held that it was an exceptional case where the doctrine of proportionality should be invoked. Ä¢¹½ÊÓƵAT held that the decision to terminate the Appellant¡¯s services was disproportionate, more drastic than necessary. Ä¢¹½ÊÓƵAT noted that the changes in the records that were made by the Appellant showed that she had originally not reflected that the...

Ä¢¹½ÊÓƵAT affirmed the Commissioner-General¡¯s decision to terminate the staff member for misconduct. Ä¢¹½ÊÓƵAT emphasized the fact that the staff member, as a guard, held a position of trust that he had failed to respect. Ä¢¹½ÊÓƵAT held that where termination of service is connected to any type of investigation of a staff member¡¯s possible misconduct, it must be reviewed as a disciplinary measure. Ä¢¹½ÊÓƵAT held that the imposed sanction of separation was not disproportionate to the offense. Related judgments: 2010-Ä¢¹½ÊÓƵAT-018 (Mahdi)

Ä¢¹½ÊÓƵAT noted that, when reviewing a sanction imposed by the Administration, it needed to examine whether the facts on which the sanction was based were established; whether the established facts legally amounted to misconduct; and whether the disciplinary measure applied was disproportionate to the offense. Ä¢¹½ÊÓƵAT affirmed the Commissioner-General¡¯s decision to discipline the staff member for misconduct. However, in light of the mitigating factors, Ä¢¹½ÊÓƵAT held that the disciplinary measure was disproportionate to the offense and substituted the disciplinary measure of demotion with that of a written...

On the issue of whether it had been established by clear and convincing evidence that the Appellant had possession of, and traded in, Tramal, Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT¡¯s credibility determinations, analysis and conclusions and accepted its factual findings. On the issue of whether the established facts showed misconduct, Ä¢¹½ÊÓƵAT held that misconduct based on underlying criminal acts does not depend upon the staff member being convicted of a crime in a national court. Ä¢¹½ÊÓƵAT recalled the jurisprudence of the former Ä¢¹½ÊÓƵ Administrative Tribunal that different onuses and burdens of proof arise under...

Ä¢¹½ÊÓƵAT held that it was a procedural error to allow the Commissioner-General to participate in the proceedings and to file a late reply without a written order, but that the Appellant was not prejudiced by that error and the error did not violate his due process rights. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s failure to object to the Respondent¡¯s late reply before Ä¢¹½ÊÓƵRWA DT did not prevent him from raising on appeal the question of procedural error. On the Appellant¡¯s claim that Ä¢¹½ÊÓƵRWA DT erred when it did not permit him to file a rejoinder to the Respondent¡¯s reply, Ä¢¹½ÊÓƵAT held that since the Appellant did...

As a preliminary matter, Ä¢¹½ÊÓƵAT denied the Appellant¡¯s request for an oral hearing and considered his grounds of appeal. With respect to the claimed errors of procedure, Ä¢¹½ÊÓƵAT found no merit in the Appellant¡¯s arguments. Ä¢¹½ÊÓƵAT was not persuaded that the Appellant suffered prejudice by Ä¢¹½ÊÓƵRWA DT admitting the Commissioner-General¡¯s late reply, failing to translate the reply into Arabic, failing to lift the confidentiality order, or by failing to hold an oral hearing. However, Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵRWA DT exceeded its jurisdiction in finding that the Appellant had an unhealthy working relationship with...

Ä¢¹½ÊÓƵAT held that the Appellant had failed to establish any error in fact or law which would warrant the reversal of the Ä¢¹½ÊÓƵRWA DT judgment under appeal. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had correctly characterized the contested administrative decision subject to its judicial review as a demotion and subsequent transfer, which was taken after disciplinary proceedings. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had not erred when, after conducting an adequate review of the requirements for the adoption of a disciplinary measure, it concluded that there had been misconduct and that the sanction was legal and proportionate to...

As a preliminary matter, Ä¢¹½ÊÓƵAT found that there were no exceptional circumstances to warrant the granting of the Appellant¡¯s motion for leave to file a reply to the Commissioner-General¡¯s answer and denied the motion. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA¡¯s findings that the application was not receivable ratione temporis because it was filed more than three years after the receipt of the termination decision and that Ä¢¹½ÊÓƵRWA DT had no discretion to waive the regulatory time limit of three years, were unassailable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly found that the application was not receivable ratione...

Ä¢¹½ÊÓƵAT had before it an appeal of the Commissioner-General and a cross-appeal of Ms Salem. Ä¢¹½ÊÓƵAT held that the procedural errors did not amount to an abuse of power. Ä¢¹½ÊÓƵAT held that absent an abuse of power, the compensation for moral damages had to be vacated. Ä¢¹½ÊÓƵAT granted the appeal, rejected the cross-appeal, and vacated the Ä¢¹½ÊÓƵRWA DT judgment in its entirety.