2010-Ģ��ƵAT-020

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

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

Decision Contested or Judgment/Order Appealed

Ģ��ƵRWA JAB decision: The Applicant submitted a letter of resignation for his post but shortly after indicated that he wished to withdraw his letter and be reinstated. Ģ��ƵRWA had already filled his post and refused to reinstate him. The Applicant appealed to the Ģ��ƵRWA Joint Appeals Board (JAB), which submitted its report to the Ģ��ƵRWA Commissioner-General. The Ģ��ƵRWA Commissioner-General adopted the JAB��s recommendation and affirmed the decision.

Legal Principle(s)

An employer has no obligation to reinstate an employee who previously resigned.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Adwan

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement