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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 considered the Commissioner-General¡¯s appeal, which alleged that Ä¢¹½ÊÓƵRWA DT erred in finding that the Ä¢¹½ÊÓƵRWA Administration¡¯s decision not to inform Mr Hamayel that his post would not be held for him during his second year of Special Leave Without Pay (SLWOP) was arbitrary and unreasonable, thereby vitiating the decision to transfer Mr Hamayel, and by awarding moral damages. Ä¢¹½ÊÓƵAT found that it was both logical and reasonable to expect the Ä¢¹½ÊÓƵRWA Administration to inform Mr Hamayel that taking a second year of SLWOP would cause him to lose his post. Ä¢¹½ÊÓƵAT noted that, even though Mr Hamayel had...

Ä¢¹½ÊÓƵAT found that the Appellant and her counsel were provided with an adequate opportunity to file an application in a timely manner, but failed to do so, causing her application before Ä¢¹½ÊÓƵRWA DT to be non-receivable. Ä¢¹½ÊÓƵAT further held that, even if it were to disregard the untimely submission of the application before Ä¢¹½ÊÓƵRWA DT, the application would remain non-receivable because the Appellant did not seek in a timely manner the required request for review of the contested administrative decision she intended to overturn. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

As a preliminary matter, Ä¢¹½ÊÓƵAT dismissed the Appellant¡¯s request for an oral hearing. On the merits, Ä¢¹½ÊÓƵAT noted that he argued the same arguments that he put before Ä¢¹½ÊÓƵRWA DT. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵRWA DT gave careful and fair consideration to the Appellant¡¯s arguments and weighed them against the facts of the case. Ä¢¹½ÊÓƵAT found no fault with Ä¢¹½ÊÓƵRWA DT¡¯s decision and held that the Appellant did not demonstrate that Ä¢¹½ÊÓƵRWA DT erred in fact or law. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT considered the Commissioner-General¡¯s appeal. Ä¢¹½ÊÓƵAT noted that due process required both parties to be given an opportunity to present their case, and not allowing them to do so resulted in a miscarriage of justice. Ä¢¹½ÊÓƵAT found that Ä¢¹½ÊÓƵRWA DT¡¯s exclusion of the Commissioner-General from participating in the proceedings was a clear violation of due process such as to affect the decision of the case, which must result in the judgment being annulled and the cases remanded for a hearing de novo before a different Judge. Ä¢¹½ÊÓƵAT noted it was, thus, not necessary to consider the other grounds of...

Ä¢¹½ÊÓƵRWA DT considered an appeal by the Commissioner-General. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in fact or in law such as to vitiate its judgment, except with regards to the award of compensation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not overstep its role to judicially review the administrative decision imposing a disciplinary measure on the staff member and terminating his appointment. Ä¢¹½ÊÓƵAT held that the Administration had failed to demonstrate that the staff member had committed the serious misconduct he had been charged with, because not only did the proceedings fail to provide him with an adequate...

Ä¢¹½ÊÓƵAT considered appeals by both the staff member and the Commissioner-General. Ä¢¹½ÊÓƵAT held that the fact was undisputed that the staff member knowingly presented non-existent credentials despite questioning the ethics of accepting the document with his qualifications. Ä¢¹½ÊÓƵAT held that termination was not disproportionate to the offence, taking into account that the staff member¡¯s recruitment, in the first instance, was predicated on the existence of a degree subsequently established to be without merit and which never would have qualified him for selection by the Organisation. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA...

On appeal, Ä¢¹½ÊÓƵAT noted that the Appellant had acknowledged in a Memorandum from 6 July 2002 that he was driving after duty hours when the accident occurred. Ä¢¹½ÊÓƵAT held that the Appellant had failed to provide any documentary or other evidence to the contrary. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err in fact when it found that the Appellant was not on duty at the time of the accident and did not err in law when it determined he had no legal right to compensation under MTTI No. 6. Ä¢¹½ÊÓƵAT further held that Ä¢¹½ÊÓƵRWA DT did not make an error of law in discounting the Israeli court¡¯s evaluation of the Applicant...

Ä¢¹½ÊÓƵAT preliminarily rejected the request for an oral hearing since the issue to be determined was clear from the papers filed in the appeal. Ä¢¹½ÊÓƵAT held that, other than repeating his arguments before the Ä¢¹½ÊÓƵRWA DT, the Appellant had not detailed the alleged instances which, according to him, resulted in a manifestly unreasonable decision. Ä¢¹½ÊÓƵAT held that the claims of errors of fact on the part of Ä¢¹½ÊÓƵRWA DT, resulting in a manifestly unreasonable decision, were unsustainable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err when it found, from the contents of the 2 September 2009 communication to the Appellant...

Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT had correctly determined that the application was not receivable. Ä¢¹½ÊÓƵAT held that the Appellant had failed to establish that Ä¢¹½ÊÓƵRWA DT had committed errors in law or fact in reaching its decision. Ä¢¹½ÊÓƵAT held that the Appellant¡¯s claim that he was denied legal representation was not made before Ä¢¹½ÊÓƵRWA DT, although it was a circumstance that was known to the Appellant at that time. Ä¢¹½ÊÓƵAT held that it would not permit the issue to be raised for the first time on appeal. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.