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The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA Dispute Tribunal did not err in concluding that the former staff member¡¯s misconduct was established and that the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity, was proportionate under the Agency¡¯s regulatory framework. The Ä¢¹½ÊÓƵAT emphasized that fraud and collusive practices are considered areas of high concern and that misconduct committed by a person in a position of trust, such as a member of the Provident Fund Loans Committee, warrants a severe sanction.

The Ä¢¹½ÊÓƵAT further held that the Ä¢¹½ÊÓƵRWA...

The Ä¢¹½ÊÓƵAT found that Mr. Slayyeh did not file a proper appeal of the impugned Judgment but rather was bringing a new claim for compensation that had not been submitted to the Dispute Tribunal. The Ä¢¹½ÊÓƵAT held that he could not introduce on appeal an issue not previously presented to the first instance tribunal as it is a violation of the due process rights of the other party and does not comply with the two-tier system of administration of justice.

The Ä¢¹½ÊÓƵAT found that the remedies available under Article 10(5) of the Ä¢¹½ÊÓƵRWA DT Statute allow the Ä¢¹½ÊÓƵRWA DT to rescind the contested decision or order...

The Ä¢¹½ÊÓƵAT noted that the vacancy had been advertised for only ten days which violated the mandatory requirement of the Ä¢¹½ÊÓƵRWA Personnel Directive, and this violation had been corrected by cancelling the recruitment process and constituting another one that met the requirement of the minimum posting period.

The Ä¢¹½ÊÓƵAT held that the staff member had not identified the alleged defects of the impugned Judgment but rather had reargued his case and, therefore, had not discharged his burden of satisfying the Appeals Tribunal that the impugned Judgment had been in error.

The Ä¢¹½ÊÓƵAT was of the view that, in...

The Ä¢¹½ÊÓƵAT held that even though the Commissioner-General had mistakenly reimbursed the fine to Mr. El-Haj after the issuance of the Ä¢¹½ÊÓƵRWA DT Judgment, since the fine was subsequently reimposed, the appeal was not moot.

The Ä¢¹½ÊÓƵAT held that in order to find that a staff member¡¯s conduct was ¡°serious misconduct¡± so as to warrant a more serious sanction, the Commissioner-General had to provide reasons for this determination. In this case, the Commissioner-General provided no reasons, and the Ä¢¹½ÊÓƵAT rejected the Commissioner-General¡¯s argument that reasons were not necessary because it was manifestly...

The Ä¢¹½ÊÓƵAT held that although the former staff member did not receive the full investigation report until after the disciplinary process was concluded, there was no due process violation because the opportunity to respond letter was detailed, and he received the full investigation report early in the Dispute Tribunal proceedings.

The Ä¢¹½ÊÓƵAT held that the Dispute Tribunal had appropriately heard live testimony from numerous witnesses, all of whom were subject to cross-examination, and had admitted certain hearsay statements using established methods of corroboration. The Ä¢¹½ÊÓƵAT held that the Dispute...

The Ä¢¹½ÊÓƵAT held that the former staff member had no legitimate expectation of renewal of her fixed-term appointment, as there was no evidence that the Administration had made any express promise that would have created such an expectation. On the contrary, the Ä¢¹½ÊÓƵAT found that the Administration had properly informed all affected staff, including the former staff member, of the last date of the MADAD Project and advertised 15 clerical posts internally, inviting staff to apply for alternative positions. The Ä¢¹½ÊÓƵAT further held that these actions should be viewed in light of the continuous efforts...

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 upheld the Ä¢¹½ÊÓƵRWA DT¡¯s determination of the former staff member¡¯s chances of selection for the position at one-fourth on alternative grounds. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT appropriately considered the possibility that the Agency could have introduced additional candidates on an equivalency basis during a second review after the shortlisting phase. In particular, the Ä¢¹½ÊÓƵRWA DT held that, since the sufficient number of candidates for a competitive exercise was normally between three to five candidates per vacancy, it was reasonable to expect that the Agency would have brought more...

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 Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵRWA DT had erred in law when it found that the applicable legal framework allowed the interview panel to conduct technical assessments of the candidates. However, the Ä¢¹½ÊÓƵAT held that the procedural irregularity of the panel having held a second round of interviews of a purely technical nature, would not suffice to grant the appeal because the outcome of the recruitment process would have been the same.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT had not erred with regards to the Agency¡¯s failure to correctly apply gender parity rules. The Ä¢¹½ÊÓƵAT found that gender parity had not...