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Ä¢¹½ÊÓƵAT preliminarily held that the appeal should be regarded as timely because the initial submission in Arabic was received within the prescribed time limit. Ä¢¹½ÊÓƵAT noted that the fact-finding committee acted in an objective and responsible manner in conducting its investigation and assessing the charges. Ä¢¹½ÊÓƵAT noted that there was clear and convincing evidence supporting a finding of misconduct, which was not successfully rebutted by the Appellant, which alone was a sufficient basis for the impugned decision. Given the established misconduct and the seriousness of the incident, Ä¢¹½ÊÓƵAT held that it...

Ä¢¹½ÊÓƵAT held that the Appellant filed her claim against the wrong entity (the Secretary-General) when her case was, in actual fact, against Ä¢¹½ÊÓƵRWA. Ä¢¹½ÊÓƵAT held that the claim was time-barred. Ä¢¹½ÊÓƵAT held that the appeal to JAB was also out of time. Ä¢¹½ÊÓƵAT dismissed the appeal.

Ä¢¹½ÊÓƵAT considered an application for ¡°reconsideration¡± of Judgment No. 2010-Ä¢¹½ÊÓƵAT-029bis. Ä¢¹½ÊÓƵAT noted that its judgments are final and not subject to appeal except under Article 11 of its Statute, relating to the procedures for revision and correction of material errors and that no appeal against res judicata is admissible. Ä¢¹½ÊÓƵAT held that the application was an appeal against res judicata and, as such, was inadmissible. Noting that Ms. El-Khatib¡¯s appeal was dismissed as non-receivable and without merit, Ä¢¹½ÊÓƵAT held that the application for ¡°reconsideration¡± constituted an abuse of the appeals...

Ä¢¹½ÊÓƵAT considered whether the Commissioner-General erred in adopting the JAB¡¯s recommendation not to accept the Appellant¡¯s withdrawal letter and whether the Appellant was entitled to compensation for moral and material damages. Ä¢¹½ÊÓƵAT referred to Jordan Field Staff Circular No. J/17/97, which provides that withdrawal of resignations will normally not be accepted unless it is evident that such withdrawal is in the sole interest of the work. Ä¢¹½ÊÓƵAT noted that the evidence on record revealed that the Appellant¡¯s services were unsatisfactory. Ä¢¹½ÊÓƵAT held that the Appellant provided no evidence of...

Ä¢¹½ÊÓƵAT held that there were exceptional circumstances in this case that required a waiver of the time limit, with respect to A/RES/63/253. Ä¢¹½ÊÓƵAT held that the JAB showed inconsistency in its treatment of the cases of Tabari and Shehadeh; both cases were decided on the same day by the same panel, but in Tabari¡¯s case there was a split verdict with the majority view being that there was no administrative decision that Tabari could appeal. Ä¢¹½ÊÓƵAT held that the Appellant successfully demonstrated the manner in which the anomaly had arisen and noted that the Internal Review Panel took no action to...

Ä¢¹½ÊÓƵAT held that the appeal was time-barred and, therefore, not receivable. However, Ä¢¹½ÊÓƵAT noted that, even if the appeal was receivable, there did not appear to be valid grounds for contesting the decision to withdraw the offer of appointment or for requesting compensation for loss of earnings. Ä¢¹½ÊÓƵAT also noted that the request for the removal of the defense brief from the file, as it contained information relating to the informal dispute resolution process, could have been taken into consideration since Article 15 of the Ä¢¹½ÊÓƵAT RoP provides that such information shall remain confidential and never...

Ä¢¹½ÊÓƵAT held that (1) the Commissioner-General has broad discretionary authority in disciplinary matters; (2) the facts on which the Appellant¡¯s termination was based were established; (3) the established facts legally amounted to serious misconduct; and (4) there was no substantive or procedural irregularity. Ä¢¹½ÊÓƵAT further held that the Appellant¡¯s termination was legal and not disproportionate to the offenses. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA decision.

Ä¢¹½ÊÓƵAT dismissed the appeal as time-barred.

In considering the appeal brought forth by the Appellant, Ä¢¹½ÊÓƵAT preliminarily held that the Ä¢¹½ÊÓƵRWA JAB erred in finding that the appeal was not receivable due to late filing; Ä¢¹½ÊÓƵAT held that it was evident the JAB appeal was filed on time. With regard to the substance of the appeal, Ä¢¹½ÊÓƵAT held that it was within Ä¢¹½ÊÓƵRWA¡¯s power and discretion to refuse the Appellant¡¯s reinstatement since it had already filled his position. Ä¢¹½ÊÓƵAT affirmed Ä¢¹½ÊÓƵRWA¡¯s position that there was no error in refusing the Appellant¡¯s reinstatement and dismissed the appeal.

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...