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Ä¢¹½ÊÓƵAT held that the Appellant¡¯s case was fully and fairly considered by Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT found no error of law in Ä¢¹½ÊÓƵRWA DT¡¯s decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT properly reviewed the contested decision in accordance with the applicable law. Ä¢¹½ÊÓƵAT held that the non-extension of the limited duration contract was a result of the elimination of her post due to a lack of funds, which constituted a valid reason proffered by the Administration for not renewing her appointment. Ä¢¹½ÊÓƵAT held that, by applying objective criteria in the reduction of the staffing levels, Ä¢¹½ÊÓƵRWA adhered to the principles of equality...

Ä¢¹½ÊÓƵAT held that the staff member had not voluntarily absented himself from duty. Rather, he reported for duty throughout at the office he had been re-assigned to, his whereabouts were known to the Agency and he clearly did not intend to abandon his position. As to the staff member¡¯s refusal to report to his original position as instructed, Ä¢¹½ÊÓƵAT held that his conduct might have been a performance or conduct issue open to censure or discipline. However, Ä¢¹½ÊÓƵAT held that the Agency failed to determine if the conduct constituted insubordination and, if so, a proportional sanction. Instead, Ä¢¹½ÊÓƵAT held...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT committed an error of fact in stating that the OPT Allowance was paid in local currency, which led Ä¢¹½ÊÓƵRWA DT to commit an error of law in stating that Area Staff Circular No. A/04/2014 was applicable. Ä¢¹½ÊÓƵAT held that Area Staff Circular No. A/04/2014 was only applicable to the Jerusalem Allowance and not the OPT Allowance, which was paid in US Dollars. Ä¢¹½ÊÓƵAT held that such an error of law would be inconsequential if its second line of reasoning, that no rule or policy requires the CAF be applied to the OPT Allowance, was correct. Ä¢¹½ÊÓƵAT held that there was no rule requiring...

Ä¢¹½ÊÓƵAT rejected the Ä¢¹½ÊÓƵRWA Commissioner-General's submission that the appeal was defective because it failed to identify any of the grounds of appeal prescribed by Article 2(1) of the Ä¢¹½ÊÓƵAT Statute. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s ground of appeal was without merit. Ä¢¹½ÊÓƵAT held that the Commissioner-General was obliged to calculate the Appellant¡¯s retirement benefits in accordance with the new Staff Rule and did so correctly. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not commit any error of fact and law in arriving at its decision. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

As a preliminary matter, Ä¢¹½ÊÓƵAT held that an oral hearing was not necessary and would not assist in the expeditious and fair disposal of the case as the Appellant had not provided grounds for an oral hearing beyond seeking to confront the witnesses and comment on existing evidence. Whilst Ä¢¹½ÊÓƵAT held that the Appellant failed to identify any errors of law or fact by Ä¢¹½ÊÓƵRWA DT as required under Art 2(1) Ä¢¹½ÊÓƵAT Statute, Ä¢¹½ÊÓƵAT did go on to consider his appeal as he was not represented. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had correctly applied the standard of review for disciplinary cases and that Ä¢¹½ÊÓƵRWA DT¡¯s exercise...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT failed to address some issues before it, in respect of which the Appellant is entitled to a reasoned decision. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT erred in declining the Appellant¡¯s implicit request for a hearing in person, at least without having considered it and given reasons. Ä¢¹½ÊÓƵAT held that the termination of the Appellant¡¯s appointment could not be assessed as hasty, premature, or arbitrary, with particular reference to the Medical Board process. Ä¢¹½ÊÓƵAT held that any opportunity of the Appellant¡¯s appointment to that vacancy had therefore passed, irrespective of her...

Ä¢¹½ÊÓƵAT considered two appeals (consolidated) by Mr ElShanti of judgment No. Ä¢¹½ÊÓƵRWA/DT/2019/051 and judgment No. Ä¢¹½ÊÓƵRWA/DT/2019/065 respectively. On the consolidation of the cases, Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had broad discretion in managing its cases and that it would only intervene in clear cases of denial of due process of law affecting a party¡¯s right to produce evidence. Accordingly, Ä¢¹½ÊÓƵAT rejected Mr ElShanti¡¯s arguments against consolidation. Ä¢¹½ÊÓƵAT held that there was no merit to Mr ElShanti¡¯s claims that the characterization of the impugned administrative decision was incorrect, noting that Ä¢¹½ÊÓƵRWA...

Ä¢¹½ÊÓƵAT held that the Appellants failed to specifically identify the errors allegedly committed by the Ä¢¹½ÊÓƵRWA DT and therefore the appeals were defective for that reason but considered the appeals given that the appellants were not legally represented. Ä¢¹½ÊÓƵAT held that any error on a finding of fact of when the Appellants receive notification of the administrative decision did not result in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that whether the administrative decision was the expressed verbal communication of the denial to provide compensation or was implied from the refusal or failure to...

Ä¢¹½ÊÓƵAT considered an appeal by the Commissioner-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly concluded that Ä¢¹½ÊÓƵRWA had failed to provide sufficiently clear, precise, and intelligible reasoning and had not acted lawfully, reasonably, and fairly. Ä¢¹½ÊÓƵAT held that once a staff member was eligible for EVR in accordance with paragraph 8 of Area Staff Rule 109. 2, paragraph 9 became applicable and its text was clear. Ä¢¹½ÊÓƵAT held that Mr. El Madhoun was eligible for EVR and it was not established that budgetary constraints were either ground for rejecting his request for EVR or for not withdrawing his notice...

Absent any evidence of any improper motive or irrational consideration, and given the bonafide and operational necessity to restructure, there was no basis to conclude that the Ä¢¹½ÊÓƵRWA Commissioner-General acted unreasonably. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.